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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On September 27, 2019, the Defendant was sentenced to imprisonment with prison labor on one year and two months for occupational breach of trust at the Suwon District Court on September 27, 201, and the judgment became final and conclusive on October 23, 2019.
【Criminal Facts】
The Defendant, from May 2009, operated C offices in the 1st century B and the first floor, managed the said real estate by being delegated by the lessor F, the owner of the D Building E, with the duties of concluding a lease contract for the said real estate.
1. On May 14, 2016, the defrauded: (a) brokered the lease contract between G and the lease deposit amount of KRW 65 million with respect to the said real estate; and (b) had H, the husband of G, transfer the lease deposit of KRW 65 million to the lessor F by December 23, 2016.
Since then, the Defendant made a false statement to the lessor F to the effect that the said lease contract was converted into a monthly rent contract on the same day, and prepared a lease contract under the name of the Defendant and de facto marriage-related person I to change the terms of the contract into a deposit amount of KRW 5 million, monthly rent of KRW 450,000,000,000, which is the difference in the deposit, from the lessor to an enterprise bank account in the name of I on the same day.
Since then, at the C Office around March 2017, the Defendant: (a) acted as a broker for the victim J and the lessorF who wants to succeed to the lease contract from G, a lessee of the said real estate; (b) the Defendant changed the said real estate into a monthly rent agreement and received a refund of the difference of deposit from the lessor F; and (c) notwithstanding the fact that it is difficult for the victim to receive a refund of deposit from the lessorF when the lease contract is terminated, the Defendant made a false statement to the effect that the lease contract with G is in force for the said real estate.
Ultimately, the Defendant deceivings the victim as above and caused the victim to do so, which is the husband of G, the former lessee at around that time, KRW 65 million.