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A defendant shall be punished by imprisonment for four years.
Of the facts charged 2018 Highest 751, the victim B No. 10 per annum of the annexed Crime List (1).
Reasons
Punishment of the crime
The Defendant is a person who runs the real estate brokerage business under the trade name of “E real estate” in the business building D located in the Chungcheongbuk-si, Chungcheongbuk-si.
1. Fraud (excluding the part B of the victim No. 10 per annum) was committed by the Defendant on June 2009, when operating the above real estate brokerage office, with the intention of receiving money from the Defendant under the pretext of real estate sales proceeds, deposit money, monthly rent, etc., as if the Defendant entered into a real estate-related contract normally as if he had entered into a real estate sales and lease contract with many people who want to enter into such contract.
Around June 2009, the Defendant concluded a lease contract with the owner of the house and concluded a lease contract with the owner of the house at the above real estate brokerage office (n, 49 years old) to the victim F, “after signing the lease contract with the owner of the house, the Defendant would pay the monthly rent by setting the lease deposit to another person as monthly rate.”
However, in fact, the Defendant did not have been delegated the authority to conclude a lease contract with the lessor on the above apartment, so even if he received money from the victim as a deposit for lease, he did not intend to use it for other debt repayment, etc., and did not intend to conclude a lease contract with the lessor. At the time, the Defendant did not pay a monthly rent to others, and there was no intention or ability to pay the victim the monthly rent that was promised to return to others.
Nevertheless, the Defendant deceiving the victim as above and received KRW 23 million from the victim under the name of the deposit for lease on a deposit basis around December 201 and around November 2013, and around October 2017, by deceiving the victim and receiving KRW 11 million in total from the victim, including requesting the victim to deposit money for lease on another apartment in the same manner. By October 31, 2018, the Defendant was up to 31,000 won.