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A defendant shall be punished by imprisonment with prison labor for four months.
Provided, That the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant worked as a brokerage assistant from “D Licensed Real Estate Agent” operated by Pyeongtaek-si B, and was delegated with all of the duties of housing management, such as a lease contract for Pyeongtaek-si F Multi-household Housing owned by the victim E on April 7, 2016, on condition that the Defendant would receive five million won per month from the victim E.
1. On May 27, 2016, the Defendant concluded a lease agreement with H and deposit 5 million won and monthly 4.5 million won on the above multi-household G at the office of the said “D Licensed Real Estate Agent”, and concluded a lease agreement with J as to the above multi-household I, and the above H and J deposited five million won in the account in the victim’s name, respectively.
Nevertheless, the Defendant received a return of KRW 10,000,000,000 from the account in the name of the victim, a lessor, according to a normally concluded lease agreement as seen above, and concluded a false statement to the effect that “The Defendant, on two occasions on May 30, 2016 and June 2, 2016, paid the money by the lessee, and thus, returned the money to the account in the name of C(D Licensed Real Estate Agent)”.
Ultimately, on May 30, 2016 and June 2, 2016, the Defendant received KRW 10 million in total from the victim to the said C (D Licensed Real Estate Agent)’s account on two occasions, respectively, and acquired pecuniary benefits equivalent to the said amount.
2. On June 30, 2016, the Defendant entered into a lease agreement with L and deposit 5 million won and monthly rent 670,000 won on the above multi-household housing K at the office of the said “D Licensed Real Estate Agent”, and L, in the course of performing the contract, remitted 50,000 won of the down payment on June 29, 2016, the remainder 4.5 million won on July 18, 2016, and the management fee of 60,000 won to the Agricultural Bank account under the name of C(D Licensed Real Estate Agent).
The Defendant is as above.