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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, etc. and the said judgment became final and conclusive on August 26, 2016.
The Defendant, who had worked as a broker assistant in the office of the World Real Estate Agent in Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Seoul-do, sought a deposit of KRW 10 million, and KRW 200,000,000,000,000 from D, known to his knowledge, to enter into a contract on behalf of the broker for the lease.
As above, the Defendant was delegated not only to D but also to all necessary matters regarding the conclusion of a real estate rental contract, and notified the lessee of the above house of the actual rental deposit and monthly rent, and then the Defendant tried to have the difference known to D and the lessee, and acquired the difference by hiding it.
Around July 24, 2010, the Defendant agreed to enter into a contract for the lease of the said house on behalf of the said lessor on behalf of the said lessor by stipulating that “A lessor shall lease the said house with a deposit of KRW 30 million and KRW 300,000,000,000,000 for a deposit of KRW 50,000,000,000,000,000 for a deposit of KRW 30,000,000,000 for a deposit of KRW 30,000,000,000,000 for a monthly rent of KRW 30,000,000,000.”
The defendant got 5 million won in cash from the victim as the down payment on the same day, and acquired 22 million won in a cashier's check as the remainder of the deposit on August 26, 2010 and acquired 27 million won in total.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement concerning the F;
1. Statement made to D by the police;
1. A copy of a commercial house lease agreement and passbook;
1. Previous convictions of judgment: Criminal records, results of inquiry, and application of Acts and subordinate statutes of the same kind;