beta
(영문) 수원지방법원 평택지원 2017.11.02 2016고단2659

사기등

Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

"2016 Highest 2659"

1. The Defendant is a person who works in the office of the “E Authorized Broker” and “F” in Pyeongtaek-si D, and has been operating the said office with her husband G who is the president.

On December 12, 2006, the Defendant: (a) concluded a consignment management contract with the head of Pyeongtaek-si H building I and studio 6, studio 6, and studio 6, to lease a building with 12 households, and (b) concluded a monthly lease contract with the said G to lease the building to the new tenants and receive the deposit money for the lease from the former tenants while managing the building.

According to the above public offering, the Defendant conducted as if he had the authority to conclude a charter contract at the above office around December 31, 2013, and concluded a charter contract with the victim J that “YY and the studio 301 of Pyeongtaek-si will enter into a charter contract because he/she had the authority to conclude a charter contract.”

However, in fact, the defendant was delegated with the authority to conclude a monthly rent contract by I and K, the owner of the above real estate, so even if the defendant received the deposit from the injured party, he did not have an intention or ability to conclude a monthly rent contract normally.

As above, the Defendant, including by deceiving the victim as above, received KRW 45 million from the victim’s husband G account (L) to transfer the amount of KRW 45 million from the victim’s husband G around that time, and obtained a total of KRW 6.318 billion from the victims as shown in the annexed crime sight table from March 16, 2009 to October 28, 2016.

2. No person who violates the authorized brokerage shall transfer or take over a qualification certificate of another person as an authorized broker, or use it by lending or borrowing it.

Nevertheless, the Defendant, in collusion with G, shall pay KRW 1 million per month to M who holds a certificate of certified broker in Pyeongtaek-si D from August 2014 to November 5, 2016, and M’s certificate of certified broker.