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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant is the representative of the real estate leasing corporation B, and is a person who served as a broker assistant at C Licensed Real Estate Agent Office from the beginning of 2017 to March 2018.
Around May 2017, C Licensed Real Estate Agent Office entered into a sales contract with F Co., Ltd. under the name of the Defendant and F Co., Ltd. in the name of each household in the name of “E” apartment G, H and I as to “E” apartment units, and entered into a sales contract with F Co., Ltd. in the name of each household in the name of “E” apartment units G, H and I, and as to “E” apartment units G, H and H, and K, the sales contract was concluded with F Co., Ltd. in the name of each household in the name of the Defendant, with the total amount of KRW 10 million as the down payment, and the remainder of the sales contract was fully paid.
Nevertheless, the Defendant did not fully pay the sales price for the above five households of apartment complex, and concluded a charter contract for the above apartment complex with the victims, thereby attempting to acquire the key money from the victims.
1. On December 21, 2017, the Defendant entered into a lease agreement with the victim on a deposit basis with the Defendant for the “E” apartment No. 1 at the said “E apartment No. 1 office, and with the victim on a deposit basis for KRW 190,00,000,000 for the deposit money for the lease term of two years for the “E” apartment No. 2, and the victim stated that “The victim is expected to have bought the ownership continuously and will have a transfer of ownership in the name of the victim
However, even if the Defendant received KRW 190 million from the victim, he was only intended to use it for the purpose of credit card payment, loan payment, loan payment to others, etc., and there was no intention to use it as the sale price, and there was no intention or ability to complete the registration of ownership transfer in the name of the Defendant due to the situation where the remainder of the sale price except the above deposit is not secured.