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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[2018 Highest 5551]
1. The Defendant, while carrying out real estate brokerage in the name of “D real estate” with a license of licensed real estate agents leased from C in the name of “D real estate,” the Defendant was delegated by the owners of the Gyeongdong-gun, B, and managed it.
The defendant, without notifying the owners, entered into the lease contract with the above apartment tenants, entered into the contract by setting the deposit at a higher amount than the monthly rent deposit, and entered into the contract by setting the deposit to receive the monthly rent deposit exceeding the scope of the deposit or the scope delegated from the tenants, the method of paying the deposit to the tenants after the expiration of the monthly rent contract, and the method of receiving the deposit from the owners without notifying the tenants of the fact that the tenant is in the process of mediating the above apartment sale, and the method of paying all the price including the deposit for lease money without notifying the tenants of the fact that the tenant is in the process of mediating the above apartment sale and purchase of the apartment.
On October 3, 2017, the Defendant made a false statement to the effect that, at the above D Real Estate Office, the Defendant was delegated to the victim F, and that, “The Defendant would conclude the above E Apartment G lease contract with the owner of the right to manage the E Apartment-gun, G, G, and KRW 25 million for lease on a deposit basis.”
However, in fact, the Defendant was delegated with the authority to conclude a monthly rent contract of KRW 2 million, monthly rent of KRW 220,000,000 from the owner of the above E apartment G, and did not delegate the authority to conclude a monthly rent contract, and was thought to use the deposit received from the victim for personal purposes without notifying the owner of the fact of concluding a monthly rent contract, and thus, the Defendant did not have any intent or ability to conclude a lease contract even if receiving the deposit from the victim.
The defendant deceivings the victim as such.