A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, as a licensed real estate agent holder, operated the office of “D Licensed Real Estate Agent” office of the Seo-gu Incheon, Seo-gu, Incheon, from around 2008, has been delegated by F, the owner of 305 Dong 305 and 1 Dong 201, with respect to the above real estate in Seo-gu, Incheon.

1. The Defendant in occupational breach of trust was merely delegated by the Victim FF with the authority to conclude a monthly rental contract, and thus, there was a duty to conclude a monthly rental contract, not a lease contract.

Nevertheless, on June 4, 2012, the Defendant violated the above occupational duties, and concluded a lease agreement with lessee G and 305 Dong building 305 on the deposit amount of KRW 30,000,000 with respect to the deposit amount of KRW 30,000,000 at the above D Licensed Real Estate Agent Office, thereby having the victim assume the obligation to return the deposit amount of KRW 30,000,000, which is the difference between the monthly deposit of KRW 3,000,000 and the actual amount of KRW 27,00,000, and the Defendant gains the same profit.

2. The Defendant, like the preceding paragraph, was delegated by F with the conclusion of a monthly rent lease contract, and the Defendant entered into a rent lease contract with a lessee, even though he did not have any authority to conclude a rent contract. In order to conceal this fact, he had the intention to forge a monthly rent lease contract and deliver it to F.

On June 4, 2012, the Defendant: (a) at the foregoing D Licensed Real Estate Agent Office, prepared a studio lease contract stating that “F, a lessee, leases the 300,000 won monthly rent of KRW 305,00,00,00 to lessee H using a computer without authority for the purpose of exercising a false monthly rent lease contract to F; and (b) signed at will by H on the name of H listed in the lessee column.