The defendant shall be punished by imprisonment with prison labor for four months and by a fine of five million won with respect to the third crime as stated in the judgment.

Punishment of the crime

On November 5, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Jung-gu District Court on the 13th of the same month and the said judgment became final and conclusive on the 13th of the same month.

"2015 Highest 4302"

1. Around September 4, 2011, the Defendant made a false statement that “The second floor of the C Real Estate has been set up, but the deposit amount is 15 million won” to the victim D at the real estate office where the Defendant, located in Dongducheon-si B, as a brokerage assistant.

In addition, on September 201, the Defendant, who became aware that the second floor of the above building was sub-lease rather than sub-lease, concluded that “the Defendant would return the deposit deposit at any time if he/she is informed of the fact that he/she had a deposit of KRW 12 million to an account in the name of E as soon as he/she would promptly give the previous revenue the deposit of KRW 12 million to the account in the name of E, and if he/she is notified by one month prior to the date of the director, he/she would return the deposit of KRW 12 million to the previous revenue.”

However, the first and second floors of the building with the above C real estate office were leased by both the Defendant and the person related to the same business, and the above F paid all the lease deposit amount of KRW 10 million. The Defendant did not have any specific income at the time, and there was no intention or ability to return the lease even if he did not receive the deposit from the victim because there was no specific property.

Around September 4, 2011, the Defendant received KRW 3 million from the victim at the above C Real Estate Office, and received KRW 12 million from the new bank account in the G name on September 30, 2011.

Accordingly, the defendant was given property by deceiving the victim.

2. No practicing licensed real estate agent, etc. violating the Licensed Real Estate Agents Act shall engage in direct transactions with the client;

Nevertheless, on September 4, 201, the Defendant entered into a sub-lease contract with the above C real estate office that the Defendant had worked as a brokerage assistant for the above C real estate office and the second floor of the above building.