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(영문) 수원지방법원 2017.05.17 2016고단5369
사기등
Text

A defendant shall be punished by imprisonment for five years.

The defendant will pay 50 million won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant was registered as a brokerage assistant of the “E Authorized Broker Office” located in the D D, Suwon-si Building No. 101 from around 2008, and actually operated the said Authorized Broker Office.

[2016 Highest 5369]

1. No person who has violated the authorized brokerage shall use the certificate of qualification of another person as an authorized broker;

Nevertheless, at the above office around March 2012, the Defendant proposed that “F with a certificate of qualification as a certified broker will lend the qualification to F, which will reduce a total of KRW 5 million, including KRW 3 million in May and KRW 2 million in November at the end of each year,” and F, which accepted this.

On May 18, 2012, the Defendant: (a) registered the said authorized broker office in the name of F with respect to the said authorized broker office in Suwon-si Office; (b) operated the said authorized broker office from August 8, 2016 to use the certificate of qualification of another person.

2. From around 2005, when the Defendant was unable to fully repay his/her personal obligation with respect to real estate investment, etc., he/she used the above authorized brokerage office in fact to operate the above authorized brokerage office, concluded a monthly rent contract with the victims, and received money under the name of the deposit money, he/she merely attempted to use the money for the previous lessee or the lessee of the other heading office, the monthly rent that should be paid to the owner of the other heading office, the repayment of personal obligation, etc., and even though he/she did not have the intent or ability to mediate the conclusion of the monthly rent contract on the condition that the deposit was set out in the contract, the real estate owner would be deemed to have concluded the monthly rent contract on the real estate owned by the victims, and the victims would be able to receive the money under the name of the monthly rent and the monthly rent by means of the victims, such as the fact that the owner of the real estate was delegated to conclude the monthly rent contract from the victims.

The defendant is on May 25, 2008.

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