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(영문) 청주지방법원 충주지원 2012.11.09 2012고단31
사기
Text

Defendant

B and C shall be punished by a fine of KRW 2,000,000.

Defendant

B and C fail to pay the above fines.

Reasons

Punishment of the crime

1. Defendant C is a brokerage assistant of the G Licensed Real Estate Agent Office with F operation 106 at the Haju-si.

No licensed real estate agent (excluding licensed real estate agent affiliated with a licensed real estate agent) or any person other than a juristic person may apply for the registration of establishment of a brokerage office, and no person shall run a brokerage business without the registration of establishment of the

Nevertheless, the Defendant, without registering the establishment of a brokerage office on April 11, 201, arranged a contract to purchase approximately KRW 1,056 square meters out of KRW 10,908 square meters of the factory site A owned by the J in Chungcheongnam-si, Chungcheongnam-si, and received KRW 2 million in total as a brokerage commission from the J on the same day.

2. No person who is or is not a defendant B licensed real estate agent (excluding licensed real estate agent affiliated with a licensed real estate agent) or corporation may file an application for the registration of establishment of a brokerage office, and no person shall run a brokerage business without the registration of establishment

Nevertheless, without registering the establishment of a brokerage office, the Defendant: (a) arranged a contract to sell the instant land to J in KRW 187,500,000 without registering the establishment of a brokerage office; and (b) received KRW 2 million in total as a brokerage commission from the seller A through L.

Summary of Evidence

1. Each legal statement of the defendant C and B

1. Each prosecutor's protocol of examination of the defendant C and B

1. Each prosecutor's interrogation protocol of M or N;

1. Each police statement made to J;

1. A real estate sales contract;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Relevant Article of the facts constituting an offense and subparagraphs 1 and 9 of Article 48 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the provisional payment order.

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