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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Reference Facts] B sold the instant real estate to D around November 16, 2015, as the owner of the land and the building on the ground (hereinafter “instant real estate”) in the Namyang-si, Namyang-si, and D sold the instant real estate to D around March 10, 2016.
From around December 2004, the Defendant: (a) was operating Schlage selling medicinal herbss, etc. in possession of the instant real estate without compensation, and (b) thought that even if the instant land and buildings were transferred to D by personal friendly relations with D, the instant land and buildings could continue to operate Schlages in the said land and buildings; (c) however, the instant land and buildings were in a relationship with D and demanded to leave from D; (d) on December 12, 2017, the instant real estate was subject to a request for evacuation lawsuit from D (Seoul District Court Decision 2017Gadan 11814, Gwangju District Court Decision 2017DaGa11814). As such, the Defendant was willing to prepare a real estate lease agreement and submit it in the process of the said lucing lawsuit, as there was a title to possess the real estate lease.
[Criminal facts]
1. On January 16, 2018, the Defendant: (a) requested that, in line with the form of a general real estate lease agreement, he/she would actually conclude a lease agreement with B and B and obtained consent from B at an irregular place; and (b) requested that, in response to the form of a real estate lease agreement, he/she would make a real estate lease agreement according to the following terms and conditions; and (c) in the column of a deposit of “5,000,000 won” in the column of a deposit for a contract with the terms and conditions of “five million won,00,000 won” in the column of a deposit for a real estate lease agreement (on a monthly basis)”; and (d) in the column of a special agreement, “The waiting period between March 1, 2014 and February 1, 2019.”
“B” in the lessor column and in the lessee column “A”, respectively, stated “B” in the lessee column as “B” and “A” broker column, and the Defendant had a real estate lease agreement.