A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. The Defendant was aware of the fact that he/she is a DNA real estate brokerage assistant, and that he/she was trying to obtain a sublease by leasing real estate E.

이에 피고인은 2012. 6. 15. 부산 중구 F에 있는 ‘G부동산중개사무소’ 앞 도로에서 피해자에게 “전대가 가능한 건물이 있는데, 보증금 1억 5,000만 원, 월세 1,800만 원에 내일 바로 들어올 사람(전차인)도 맞추어 놨으니 그 건물에 대해 임대차계약을 체결한 후 그 사람과의 전대차계약을 통해 임대수익을 얻어라. 대신 임대차계약에 따른 중개수수료로 3,000만 원을 달라”라고 거짓말하였다.

However, it is not possible to sublet the third floor building in Busan Jung-gu, which the defendant mediated the victim, due to the lack of the consent of the owner of the building.

The Defendant, as such, by deceiving the victim, received total of KRW 25 million from the victim, namely, KRW 25 million from the seat, and KRW 30 million from the D Real Estate Brokerage Office, under the pretext of brokerage commission.

2. The Defendant violated the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act is the brokerage assistant of D real estate, and I is a person who runs real estate brokerage business under the trade name of “G Real Estate Brokerage Office” in Busan Jung-gu.

No broker, etc. shall receive money and valuables under any pretext exceeding the fees or actual expenses within the extent determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to brokerage of objects other than housing.

Nevertheless, in collaboration with I, the Defendant, within the above G Real Estate Brokerage Office on June 15, 2012, as a broker for a contract to lease three-story commercial buildings located in B in Busan Jung-gu with the lessee KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.