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(영문) 대구지방법원 2014.08.21 2014고단2824

사기

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No licensed real estate agent may allow any other person to render brokerage services using his name, or transfer or lend his certificate of licensed real estate agent to any other person, and no one may take over or borrow, or use, the certificate of licensed real estate agent for another person.

Nevertheless, Defendant A lent his certificate of qualification to Defendant B at the “E Licensed Real Estate Agent Office” located in Sinsan City from May 3, 2012 to February 28, 2014, and Defendant B lent it to Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of the statutes governing licensed real estate agents and B account transactions;

1. Articles 49(1)1, 7(1)1, and 7(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply), Articles 49(1)1, and 7(2) of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning criminal facts

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in the workhouse: (a) the period of the commission of the crime by the Defendants; (b) profits acquired by the commission of the crime; and (c) the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and (d) the conditions of the sentencing, such as the circumstances after the commission of the crime, shall be determined as set forth in the text of the Criminal Act, taking into account various circumstances.