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(영문) 서울북부지방법원 2015.06.04 2015고단210
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Height210] The Defendant, as a broker assistant working in the “D Licensed Real Estate Agent Office” located in Dongdaemun-gu Seoul Metropolitan Government, operated the above authorized brokerage office in partnership with the licensed real estate agent E while operating the above authorized brokerage office, was faced with a situation in which the above office is unable to be operated any longer due to the use of funds from other partners F, the Defendant was able to collect the difference from the lessee requesting the brokerage of the lease, and was able to operate the above office in such a way as to collect the difference from the lessee requesting the brokerage of the lease, and to settle the difference by receiving the deposit from other lessees.

1. A crime related to real estate in Gtel 1317;

A. On February 13, 2013, the Defendant: (a) made a false representation that “The owner of the real estate in Dongdaemun-gu Gtel 1317, an owner of the real estate in Seoul, Dongdaemun-gu Gtel 1317, would be I, and would have a lessee enter into a lease contract with the monthly rent of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, the defendant did not deliver the security deposit received from the victim to the owner of the above real estate and intended to pay the other building lessee the security deposit as a refund.

Nevertheless, on February 13, 2013, the Defendant received KRW 2 million from the victim to the account under the name of the Defendant as the down payment. On February 18, 2013, the Defendant received respectively a remittance of KRW 18 million under the name of the Defendant as the balance of deposit, and KRW 500,000 under the name of the monthly rent, and KRW 500,000 under the name of the Defendant’s bank account under the name of the first managing the Defendant on April 18, 2013, respectively.

Accordingly, the defendant was given a total of KRW 21.5 million by deceiving the victim.

(b) Any person who violates the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

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