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(영문) 대전지방법원 2021.02.04 2020고정665
협박등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

On April 12, 2019, the Defendant: (a) sold the land in Sejong, E, and F to five buyers, including C, who own the Defendant at the request of the Defendant; (b) determined the purchase price of KRW 1,168,000,000 as KRW 1,168,000; (c) the down payment as KRW 100,000; and (d) the buyer paid the intermediate payment (if there is no advance payment, the remainder payment) to the seller before the buyer pays the intermediate payment to the seller; and (c) the buyer may waive the down payment and cancel the contract. After the buyer decided to pay the intermediate payment for KRW 10,00,000 on behalf of the buyer, the buyer received KRW 10,000,000 from the above five buyers, including C, etc., under the pretext of the down payment; and (d) paid the sum of the purchase price to the victim, including the commission of the Defendant, KRW 100,000,00.

Since then, the Defendant came to know that apartment buildings were newly built in the above land area, and he heard that the office of real estate brokerage could reduce the above sales price to a higher amount than the above sales price, he tried to avoid liability for damages of KRW 100,000,000 following the rescission of the contract by means of the method of drawing up that the cause is due to the request of the victim, etc.

1. On May 2019, 2019, the Defendant: (a) found in the HA certified broker office operated by the victim of the damage from Class C Ga in the early police officer, and (b) did not see the victim’s “the fact that the apartment was newly built in the vicinity of the land owned by the Defendant.”

The phrase “a contract shall be rescinded,” and the victim shall be asked to cancel the contract in accordance with the terms of the agreement, and the victim shall compensate twice the down payment,” and the victim shall not be paid KRW 100,000 for the damages to the victim. If the Defendant’s demand is accepted, the victim shall not be authorized to act as an authorized intermediary.

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