What kind of evidence should I gather for jeonse fraud punishment?

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I'm a tenant living under a half-jeonse contract. The landlord said there were no issues when we signed and I checked the property registration, but later I found out there were already multiple mortgages on the place, and I heard the landlord hasn't been properly returning deposits to other tenants. I'm anxious about whether I can get my deposit back when the contract ends. Would this count as half-jeonse fraud? Is there a sure way to get my deposit back?

jeonse fraud punishment

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作者: 정찬우

The situation you described is a situation where the crime of fraud under Article 347 of the Criminal Act may be recognized.

Jeonse fraud refers to the act of a landlord deceiving a tenant to embezzle the deposit or entering into a lease contract without intent to return it.

In other words, if a contract was entered into without the ability or intent to return the deposit from the start, it becomes subject to jeonse fraud punishment.

If there are circumstances such as the following, it can be advantageous in proving jeonse fraud charges.

▷ When excessive collateral mortgages were already set at the time of the contract

▷ When this was hidden from the tenant or falsely explained as 'it will be cancelled soon'

▷ When the same housing was double-leased to multiple tenants

▷ When the contract was intentionally entered into despite no ability to return the deposit

For jeonse fraud punishment, you must secure as evidence the original contract, certified copy of the registry, conversation contents with the landlord such as text messages and KakaoTalk, deposit transfer records, and real estate brokerage records.

In particular, collecting evidence that proves the landlord had fraudulent intent from the time of the contract is key.

If the landlord's jeonse fraud crime is proven, the perpetrator may be punished by imprisonment for up to 20 years or a fine of up to 50 million won, and aggravated punishment is possible if the embezzled amount is large.