What evidence should I gather to have jeonse fraud punished?

The situation you described is one in which the crime of fraud under Article 347 of the Criminal Act may be recognized.

Jeonse fraud is an act in which a landlord deceives a tenant to defraud them of the deposit, or concludes a lease agreement without any intention of returning it.

If, from the outset, the landlord lacked the ability to return the deposit or had no intention of returning it, yet concealed this and proceeded with the contract, the landlord may be subject to punishment for jeonse fraud.

The following circumstances, if present, may be advantageous in proving the charge of jeonse fraud.

▷ Where an excessive mortgage was already established at the time the contract was concluded

▷ Where the landlord concealed this from the tenant or falsely explained that it ‘would soon be cancelled’

▷ Where the same dwelling was double-leased to multiple tenants

▷ Where the landlord deliberately concluded the contract despite having no ability to return the deposit

To have jeonse fraud punished, you must secure as evidence the original contract, a certified copy of the register, the content of conversations with the landlord such as text messages and KakaoTalk, records of the deposit remittance, and real estate brokerage records and the like.

In particular, the key is to gather evidence that can prove the landlord had fraudulent intent from the time of the contract.

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