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(영문) 창원지방법원 진주지원 2014.02.18 2013고단1064
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2013 Highest 1064]

1. From around 2008, the Defendant, as a licensed real estate agent, operated the Incheon Seo-gu, Seo-gu, Incheon Licensed Real Estate Agent Office (601, 205, 505, 510, and 613, and 604, 201, 301, and 302, 302, 303, 303, 203, AA (the change to the owner AB), who is the real estate owner, has been delegated with the management of the building, conclusion of monthly rent rental contracts, and receipt of monthly rent in relation to the above real estate.

A. On May 22, 2009, the Defendant: (a) concluded a lease agreement with the victim AC on No. 414 at the said D Licensed Real Estate Agent Office; and (b) took the same attitude as delegated by AA, the owner of the building, to the victim AC.

However, in fact, the defendant was delegated the authority to conclude a monthly rent lease contract by AA, and there was no authority to conclude a monthly rent contract with AC.

Nevertheless, as seen above, the Defendant received KRW 35,00,000 from the victim AC as a deposit for lease, and acquired it by fraud, and then acquired KRW 426,00,000 in total from around that time to February 16, 2013 by the same method as indicated in the attached crime list (1) in the same manner, as in the same manner between the time and February 16, 2013.

B. While operating the above D Licensed Real Estate Agent Office, the Defendant was entrusted with the management of the building, the conclusion of the lease agreement, and the receipt of monthly rent as to the above U.S. U. 414 owned by the victim AA. In fact, the Defendant was only entrusted with the authority to conclude a monthly rent lease contract by the victim AA, and thus, the Defendant was engaged in the duty to conclude a monthly rent contract rather than the pre-tax lease contract.

Nevertheless, the Defendant above.

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