A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to imprisonment with prison labor and for not less than three years and six months at the Seoul Central District Court for fraud, etc.

4.24. The sentence became final and conclusive.

1. From May 2003, the Defendant: (a) operated “D Real Estate” in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; and (b) managed officetel 505 by the owner F.

On May 2012, the Defendant called “F” and called “I have obtained F’s consent, i.e., “I will rent No. 505,00 won monthly rent of No. 505,00 won as there is no security deposit at present, and pay KRW 10,000,000 after three to four months.”

On May 12, 2012, the Defendant: (a) received KRW 60 million from the lessee as the deposit money for lease; (b) concluded a lease agreement on the instant officetel with the lessee I at the office of H Licensed Real Estate Agent located in Seoul Special Metropolitan City, Nowon-gu, for personal use; (c) contrary to the F’s intent of delegation, the Defendant, at the office of H Licensed Real Estate Agent located in Seoul Special Metropolitan City, Nowon-gu, entered into the lease agreement on the instant officetel with the lessee I; and (d) had an employee under its name, who is unaware of the fact, enter into the lease agreement on the instant officetel into the “ deposit money” column for the content of the instant lease agreement on the officetel that was located in the computer without permission, as “F”

Accordingly, the Defendant forged one copy of the lease contract with a lessor who is a private document related to rights and obligations as F for the purpose of uttering.

2. The Defendant, at the time, and at the place specified in the foregoing paragraph (1), delivered the forged lease contract to I as if it had been duly formed.

3. The Defendant was issued KRW 60 million to the victim I who believed it by exercising as if the contract was duly concluded at the time, place, as mentioned in the foregoing paragraph (1) as if it were the date, time, and place.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The witness F.