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(영문) 대전지방법원 홍성지원 2018.12.26 2018고단779

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 14, 2017, the defrauded concluded that “C” office operated by the Defendant located in Chungcheongnam-gun budget-gun B would allow the victim D to purchase KRW 259 square meters of land E in Chungcheong-gun E from the landowner F in KRW 40 million, and the Defendant would transfer the registration until October 13, 2017.”

However, in fact, the above E was not owned by F, and even if the Defendant received money from the damaged party due to the lack of the request from the land owner, he did not have the intent or ability to allow the injured party to purchase the above land.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the payment of KRW 30 million under the name of the G bank account in the name of F on the same day; (c) KRW 4.5 million under the name of the intermediary expenses around December 13, 2017; and (d) obtained the payment of KRW 500,000 and KRW 39.5 million under the name of the remainder as the same account around January 11, 2018.

2. A certified judicial violation;

A. A. On July 4, 2017, the Defendant, without registering the establishment of a brokerage office, mediated the lease contract of the fourth floor of the HH of the building in Chungcheongnam-gun, Chungcheongnam-gun, the Seoul Metropolitan Government Office, received 50,000 won from the lessee I and 30,000 won from the lessor J and received 80,000 won in total from the lessee I. Around September 30, 2017, the Defendant conducted real estate brokerage business by acting as a broker for the purchase and sale of the apartment housing of Chungcheongnam-gun, Chungcheongnam-gun, the Seoul Metropolitan Government Office and received 300,000 won from the seller M.

B. Even if the Defendant is not a certified intermediary, from October 2015, the Defendant used a trade name similar to “real estate brokerage” by putting a signboard on the outer wall of the commercial building and running real estate brokerage business, stating the trade name “C” and the phrase “enterprise specialized in the design, development, and sale of profit-making real estate” on the first floor of the commercial building B in Chungcheongnam-nam Budget-gun, Chungcheongnam-gun, Seoul, and using a trade name similar to “real estate brokerage”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against D;

1. Each written confirmation of N and I;

1. The loan certificate;