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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant shall pay 70,000,000 won to the applicant for compensation.
Reasons
Punishment of the crime
The defendant is a person who works as a broker at a real estate brokerage office.
Class C is the owner of multi-household housing in P, P, P, P, P, P.
B is a person who intends to conclude a lease contract for the above multi-household E through the brokerage of the defendant.
1. On May 2015, the Defendant: (a) received a request from F, the president of the clan C to arrange the monthly rent contract of the said multi-household house; and (b) received a letter of delegation from F to F for the transaction of real estate in the name of the said clan as an empty space.
On May 23, 2015, the Defendant, at H Real Estate Office G in Pakistan-si, arranged a lease contract between the said clan and B, instead of a monthly rent contract for multi-household E. The Defendant stated in the “entrusted amount” column of the power of attorney for transaction of the said real estate in the transaction of the said real estate as deposit money under the lease contract, and indicated that B was delegated by the Defendant with the authority to mediate the lease contract for the said multi-household.
Accordingly, the Defendant forged a letter of delegation of real estate transaction under the name of the same clan, which is a private document on rights and obligations, and exercised it as if it was duly formed.
2. Fraud;
A. On May 28, 2015, the Defendant committed the crime of May 23, 2015, concluded a false statement that, at the H real estate office as indicated in paragraph (1) around May 23, 2015, the Defendant would arrange for concluding a lease contract for multi-household E as indicated in paragraph (1) if the Defendant paid KRW 60 million to the victim B, to the Defendant.
However, the clan in Paragraph 1, which is the owner of the above multi-household house, was only delegated the defendant with the authority to mediate monthly rent contracts for the above multi-household house. Thus, even if the victim pays 60 million won to the defendant, the defendant can arrange for the victim to conclude a normal lease contract for the above multi-household house E.