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(영문) 창원지방법원 밀양지원 2016.06.16 2014고단135

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant 63 of "2014 Highest 63" is a person who runs the real estate brokerage business under the trade name of the I certified broker at Hoyang-si H.

1. No person who violates the Act on Business of an authorized broker or Report of Real Estate Transactions shall run a brokerage business without registering the establishment of a brokerage office;

Nevertheless, on April 24, 2013, the Defendant was granted KRW 10 million from the J on the pretext of commission to K to sell a building owned by J to K at the above I Authorized Brokerage Office.

Accordingly, the defendant was engaged in brokerage business without registering the establishment of a brokerage office.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow anyone to reach other persons repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, the Defendant, as described in paragraph 1, sent a text message to the effect that the Defendant would return 7.8 million won exceeding the statutory limit out of the brokerage commission paid by the Defendant. On July 22, 2013, the Defendant sent a text message to the Defendant’s mobile phone M using the mobile phone L owned by the Defendant, “at least 11:44, on the part of the Defendant, the Defendant sent the message, as described in the separate sheet, stating that “I will open to the public that the Defendant’s satch should be seen in the law, so that I would not look at the satch of the law, and use it as the satch to make it open to the public, so that I would only want to terminate the contract only once you want to use it.” From the same day, the Defendant sent the message to the public by five times in total from the day of the same day.

Accordingly, the defendant had repeatedly reached the victim with the language that arouses fear or apprehension through information and communications network.

The defendant of "2014 Highest 135" is "O, P, Q 3 lots of land" to the victim N at the mutual infinite real estate intermediary office located outside Busan Metropolitan City around June 2009.