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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who runs real estate brokerage business at the office of “D Licensed Real Estate Agent” located in C when it is commercialized.
On October 1, 2009, the defendant, around October 1, 2009, mediated the tenant to enter into a real estate lease agreement with the victim G by making the landlord F with respect to the housing in the real estate agent office E in harmony.
However, in fact, although the above F was a monthly rent of KRW 400,000 without a deposit, and was delegated to the Defendant to conclude a lease agreement on the condition that the above housing was leased to the victim, the Defendant explained to the effect that “The terms and conditions of the lease on this real estate shall be KRW 400,000,000,000, monthly rent of KRW 10,000.
As above, the Defendant, by deceiving the victim, prepared a real estate lease contract in which the amount of deposit for lease is KRW 10 million and monthly rent is KRW 400,000 for the said real estate at the victim’s time and place above, and received KRW 11,30,000 in total from the victim on October 21, 2009, including receiving KRW 2,300,000 as contract deposit, as well as receiving KRW 2,30,000 from the victim on October 26, 2009 as contract deposit.
(1) Of these, the summary of the evidence was received as a deposit for the lease of the above real estate in terms of ① 1,000,000 won, ② 300,000 won in terms of real estate brokerage fees, ③ the remainder of KRW 10,000 in terms of real estate brokerage fees, ③ as a deposit for the lease of the above real estate.
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Each real estate lease contract;
1. Details of banking transactions;
1. Receipts:
1. Application of Acts and subordinate statutes to a report on investigation (report on the lessor's telephone call of this house); and
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;
1. According to the reasoning of sentencing guidelines under Article 62-2(1) of the Social Service Order Criminal Act, it is against the defendant.