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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is the owner of the Mapo-gu Seoul Metropolitan Government multi-family house B (hereinafter “instant building”) and C is the owner of the same lot number of land.
1. On August 29, 2016, at the F Licensed Real Estate Agent Office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant concluded a lease agreement with the victim by setting the victim as the contract term of two years and lease deposit of eight million won with respect to the first floor above the instant building, while concealing the fact that the lawsuit, such as the removal of the instant building, with C, was pending, on the part of the victim D, at the office of F Licensed Real Estate Agent Office, the Defendant was against C at the time of the removal of the instant building and the transfer of the site, and the judgment of the court below was rendered on August 24, 2016 and was finalized on September 13, 2016.
Although the building of this case is likely to be removed in the future, it was not notified to the victim, and even if it was received the deposit from the victim, there was no intention or ability to return it at the end of the contract term.
As such, the Defendant, by deceiving the victim as such, obtained from the victim a total of KRW 1 million around August 14, 2016, KRW 4 million around August 25, 2016, KRW 3 million around August 26, 2016, KRW 19 million around September 5, 2016, and KRW 53 million around September 6, 2016.
2. On August 5, 2017, the defrauded of the Victim G entered into a lease agreement with the victim at the International Licensed Real Estate Agent Office located in Mapo-gu Seoul Metropolitan Government, setting the contract term of two years with respect to the first floor of the instant building, and KRW 155 million with the victim for the reason as described in paragraph (1). However, even if the victim received the lease deposit from the victim for the same reason as described in paragraph (1), the Defendant did not have any intent or ability to return the deposit upon the expiration of the contract term.
The Defendant, as such, deceiving the victim, and deceiving him from the victim, on August 8, 2017, as the deposit money for lease.