A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 12, 2010, the Defendant owned the Dongdaemun-gu Seoul Metropolitan Government apartment C apartment 105 Dong 903 under the name of wife B, and leased the said apartment to the victim E through a licensed real estate agent D from October 30 to October 29, 2012, with a deposit of KRW 100 million and monthly rent of KRW 500,000,000. The victim completed the move-in report on the said apartment around November 10, 2010.

After that, the defendant, who was urgently needed business funds, made the victim report the transfer to another place by deceiving the victim, and raised the appearance on the above apartment house as if the tenant did not exist, and raised the above apartment by offering the above apartment as security on the financial right with the money larger than the loanable amount in the actual situation of the tenant.

Around July 201, the Defendant: (a) at the G Licensed Real Estate Agent Office of Dongdaemun-gu Seoul Metropolitan Government F Apartment Building No. 1034, the Defendant, via the above D, told the victim to the effect that “In order to obtain an additional loan as security for an apartment leased by the owner of the house, the owner of the house is urgently required; (b) transfer the resident registration to another place only during the period where the lessee is unable to obtain an additional loan; (c) the owner of the house would not be paid a monthly rent of KRW 500,000 during the remainder of the lease term; and (d) the deposit was responsible for and returned to the owner of the house; and (e) if the owner of the house wishes to go to go to go to the company due to a prior promise to enter the said apartment as a whole, H would return 100 million won to the party directly.”

However, in fact, the defendant continued to operate the restaurant business at the time, which has a very difficult financial situation, as well as 80 million won has been used as its own business fund after promising H to lease the above apartment at the time.