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(영문) 대전지방법원 2020.01.31 2019고단3625

사기등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2017, the Defendant: (a) the Defendant: (b) the victim B and the victim C sent the land at KRW 250,000,00,000 as a collateral; and (c) the said land at KRW 270,00,00; (b) the Defendant may purchase the land at KRW 270,00,000 as collateral; and (c) the Defendant borrowed KRW 250,00,000 as a collateral to purchase the land to use KRW 250,00,000 for purchase of the land; and (d) the victim B and the victim C agreed to use KRW 10,00,00 as intermediary fees; and (e) the remainder of KRW 10,00,00 as a broker fee to transfer the land to the Plaintiff if he/she had to do so.”

However, in fact, the Defendant did not have to pay the cost to the landowner, and there was no intention or ability to deliver the said money to the landowner even if the Defendant received KRW 10,000,000 from the victims because the Defendant planned to use the money for personal living expenses, etc. with the said money.

On August 31, 2017, the Defendant received 10,000,000 won (100,000 won check and 5,000,000 won each of the victims) from the victim B in terms of personnel expenses incurred in the introduction of land in the street near the Seo-gu Daejeon apartment, Seo-gu, Daejeon.

Accordingly, the defendant was provided property by deceiving the victims respectively.

2. No person who violates the Licensed Real Estate Agents Act shall carry on the brokerage business without the registration of establishment of a brokerage office at the competent administrative agency.

Around August 22, 2017, the Defendant, as indicated in paragraph (1), arranged a sales contract for the “3,643 square meters” between the seller F, B, and C, as indicated in paragraph (1), and carried out a brokerage business with B as a broker fee, around August 31, 2017. Around August 31, 2017, the Defendant: (a) obtained 10,000,000 won for KRW 10,000 for KRW 10,00 for KRW 3,643 square meters; (b) obtained from B as a broker fee.

Summary of Evidence

1. The defendant's partial statement 1.1.

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