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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Changwon District Court’s territorial branch on November 30, 2017, and five months at the same court on January 30, 2018, and is still pending in the appellate trial.
While the Defendant was working as a brokerage assistant at the “C Authorized Brokerage Office” located in Dong Young-si, Dong Young-si, the Defendant was requested from the victim D to engage in a lease contract brokerage for E E Apartment OO OO (hereinafter “real estate”). On October 23, 2015, at the above Authorized Brokerage Office, the Defendant decided to lease the above real estate to F in KRW 20 million, monthly income, and KRW 750,000,000,000,000 to the Agricultural Cooperative Account in the name of the victim, and then F in order to transfer the deposit to F in the name of the victim.
Then, on November 6, 2015, the Defendant was able to receive only KRW 750,000 per month to KRW 20,000,000,000,000 from the victim’s housing support policy at a closed place.
section 3.
Therefore, a lease contract with a monthly rent of KRW 75 million was prepared formally, but in fact, a lease contract with a monthly rent of KRW 10 million was entered into with a monthly rent of KRW 1 million, and the actual resident is G.
It stated that the excess deposit amount of KRW 10 million is to be returned to the account in the G name.
However, G did not have leased the above real estate, and there was no fact that the deposit of the above real estate was changed from KRW 20 million to KRW 10 million, and the Defendant was thought to use the money that the victim remitted to G.
The defendant deceivings the victim as above, and he acquired 10 million won from the victim to the Agricultural Cooperative Account in the name of G on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or H;
1. Each report on investigation;
1. Application of Acts and subordinate statutes on a complaint and a real estate lease agreement;
1. Criminal facts;