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(영문) 대전지방법원 서산지원 2014.05.22 2013고단528
배임등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Any person who intends to run the brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish such brokerage office, and no person other than a licensed real estate agent or a juristic person shall apply for the

Nevertheless, on June 13, 2012, the Defendant, without registering the establishment of a brokerage office, arranged a sales contract of 4,264 square meters of G forest 4,264 square meters in Seosan-si between seller F and buyer Seosan-do, and transferred 2,50,000 won from seller F to the agricultural cooperative under the name of the Defendant as a brokerage commission on July 13, 2012. On June 13, 2012, the Defendant transferred the sale contract of 2,50,000 won from the seller to the agricultural cooperative under the name of the Defendant. On June 13, 2012, the Defendant arranged the sales contract of 2,603 square meters in Seosan-gu, Jinsan-si between the seller and buyer Seosan-do, and transferred the money to the agricultural cooperative account in the name of 30 million won under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning L and I;

1. Inquiry into whether real estate brokerage business is registered;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of major data among the seized materials of the A Office);

1. Article 48 of the relevant Act and Articles 48 and 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting the crime, and the selection of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act include not only the real estate agent but also the profits acquired through the brokerage business as well as the motive and circumstances of the crime of this case, circumstances after the crime, Defendant’s business method and business size, etc. are revealed in the records and arguments of this case.

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