A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

Defendant, victim D, and Licensed Real Estate Agent E’s relationship and the process of the crime are lessors of Yeonsu-gu Incheon Metropolitan Government Ftel No. 402, 306 (hereinafter “instant officetel”); the victim D is the lessee of the instant officetel; and E is a licensed real estate agent who operated real estate brokerage business under the trade name “H” in Yeonsu-gu Incheon Metropolitan City G shopping mall No. 35.

On December 13, 2010, the Defendant purchased the instant officetel via E with the purchase price of KRW 224 million. Of down payment of KRW 1 million and intermediate payment, the Defendant paid KRW 44.8 million on the date of the contract, and succeeds to the loans (an intermediate loan from the National Agricultural Cooperative Training Center’s branch) for the instant officetel (an intermediate loan from the National Agricultural Cooperative Training Association’s branch) of which the said I had incurred as the remainder of intermediate payment, and agreed to pay KRW 88.6 million by December 16, 2010. At the same time, the Defendant completed the registration of ownership transfer in the name of the Defendant with respect to the instant officetel at the time of the remainder of payment, and made the registration of ownership transfer in the name of the National Agricultural Cooperative Federation and made the registration of the establishment of a neighboring mortgage on the said loan in the future.

However, the Defendant paid only the down payment of KRW 1 million and the intermediate payment of KRW 44.8 million among the purchase price of the above purchase price of KRW 220 million, and the Defendant did not pay up to December 16, 2010, the remainder of the intermediate payment and the remainder of KRW 178.2 million.

While the Defendant was unable to pay KRW 178,200,000,000 for unpaid intermediate payments and the remainder, the Defendant concluded a lease agreement on the instant officetel and requested E to arrange for the instant officetel lease agreement with the lessee on February 2, 2011.

When the Defendant entered into a lease agreement with the victim D through E on March 10, 2011, the lease deposit shall be KRW 85 million, and the term of the lease deposit shall be from April 7, 201 to April 7, 2013, and the down payment shall be made.