A defendant shall be punished by imprisonment for a term of one year and ten months.

Each application for compensation order filed by an applicant for compensation shall be dismissed in entirety.

Punishment of the crime

"2013 Highest 1241"

1. From July 2007, the Defendant has been engaged in occupational breach of trust with the authority delegated by the victim C to the management and lease agreement of H lending 201, Nam-gu, Incheon Metropolitan City, which is substantially owned by the victim C.

On September 2, 2008, the Defendant entered into a lease agreement on behalf of the victim and received KRW 410,000,000 from the “J Licensed Real Estate Agent’s Office” office operated by the Defendant, which is located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for the said real estate. As such, the Defendant entered into a lease agreement on behalf of the victim and received the monthly rent.

Nevertheless, in violation of the above occupational duties, the Defendant concluded a lease contract with K on the above real estate, and received from K the deposit amount of KRW 40 million, and used it in personal repayment, etc.

Accordingly, the defendant acquired property benefits equivalent to KRW 40 million of the above deposit, and caused property damage equivalent to the same amount to the victim.

2. From around 2007, when the Defendant paid the pre-paid deposit to the victims who suffered difficulties due to the occurrence of bonds, the Defendant was willing to receive money from the victims as the pre-paid deposit by entering into a contract with the building owner and making a sub-lease to a third party again, and receiving money from the victims as the pre-paid deposit.

On March 16, 2009, at the above J Licensed Real Estate Agent Office, the Defendant stated that “A victim C would receive monthly rent every month by again leasing the leased building under a lease contract with the owner of the building on the face of the subject of the deposit.” On the monthly rent, the Defendant would receive a monthly rent from another person by concluding a lease contract, and would receive a monthly rent from another person.”

However, in fact, even if the defendant, at the time, receives the above money from the victim with the personal debt amounting to KRW 150 million, he shall pay the personal debt.