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Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
Reasons
Punishment of the crime
[2015 Highest 2502] Defendant A was a person who tried to purchase the same No. 302 of the building D in Dongdaemun-gu Seoul, and Defendant B was a broker assistant of “E real estate”.
Defendant
A on June 23, 2011, as a broker of Defendant B, etc., decided to purchase the above housing amounting to KRW 142,500,000 from F.
However, Defendant A did not have any particular property and did not have the ability to pay the purchase price by himself, as he lives with the pension of KRW 500,000 per month.
Nevertheless, Defendant A and Defendant B received a loan from the bank as a collateral for the payment of the purchase price of the above house, and agreed to pay for the loan and the rent as a security deposit, and accordingly, Defendant A and Defendant B planned to receive a deposit for lease by receiving a loan from a financial institution after receiving a lease deposit and an intermediate payment from a financial institution, as if the loan was not provided as security for the loan from a financial institution by making a lease contract prior to the establishment of a mortgage on the above house and the payment of interest was made by leasing the remaining money to another person.
1. On August 31, 201, the Defendants jointly committed the crime using the following: (a) at the office of “E Real Estate” located in Dongdaemun-gu Seoul Metropolitan Government on August 31, 201; and (b) at the time when concluding a lease agreement with the victim H I and the lessee on the leased housing, the victim H’s mother I and the said housing amounting to KRW 135 million, no security was established at the time of the said housing; (c) Defendant A shown the above F’s certified copy of the agreement to purchase the said housing and other donation; and (d) as seen above, Defendant A leased a house with no concealed or mortgaged security to obtain a loan by collateral
As above, the Defendants deceiving the above I and the victim in order, and they are out of the above lease deposit around August 31, 201.