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(영문) 부산지방법원 동부지원 2018.07.25 2018고단555
사기등
Text

Defendant

A and B shall be punished by imprisonment for five years, and by imprisonment for six months, respectively.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and F (not known whereabouts) leased real estate on a monthly basis, and leased it to others as if they were the owner of the real estate and received the security deposit, and operated an authorized broker office by lending the certificate of qualification of the certified broker, Defendant B explained about the method of crime to Defendant A and F and provided necessary documents. Defendant A were to act as the certified broker, and F decided to act as the agent of the owner of the real estate.

1. Joint crimes committed by Defendant A and Defendant B

(a) No person who violates the authorized brokerage shall take over or borrow another person's certificate of qualification as an authorized broker from another person, and shall conduct any brokerage business using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or borrowing the certificate;

As above, the Defendants conspired with F to give KRW 600,000 per month to C with a certified broker certificate, and received C’s certified broker certificate and brokerage office registration certificate from C around April 22, 2017, and conducted real estate brokerage business in the name of “I real estate brokerage” from May 10, 2017 to February 20, 2018 from May 10, 2017 to February 20, 2018.

As a result, the Defendants conspired with F and borrowed the certificate of authorized broker and brokerage office registration from each other.

B. On April 21, 2017, Defendants in violation of the Electronic Financial Transactions Act operated real estate brokerage business in collusion with F in collusion with F, even if they are not an authorized broker at a bar located within the K bank located within the Busan Busan-gu J, Busan-gu, and received a passbook, check, official certificate, and security card connected to the K bank L account in the name of C with the purpose of using it for fraud.

As a result, the Defendants were lent access media for criminal use in collusion with F.

(c).

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