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(영문) 의정부지방법원 2014.05.09 2013고단2079
무고
Text

Defendant

A Imprisonment of 10 months, Defendant B imprisonment of 8 months, and Defendant C of 6 months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

B is an employee of the G Licensed Real Estate Agent Office who is not registered, and Defendant C is a licensed real estate agent who operates the G Licensed Real Estate Agent Office, and Defendant B and Defendant C are married.

1. The joint criminal administration brokers, etc. of Defendants B and C shall not receive money and valuables under any pretext exceeding the fees or actual expenses determined by Municipal Ordinance of the Special Metropolitan City, Metropolitan City or Do within the extent determined by Ordinance of the Ministry of Land, Transport

Nevertheless, the Defendants, at the G Licensed Real Estate Office in the G Licensed Real Estate Office operated by the Defendant C on October 31, 2009 at the Nam-gu, Gyeonggi-do, in order to mediate a contract for the sale of J apartment 101 Dong 704,00,000 won to the buyer I, and in excess of the maximum statutory fee of KRW 1.64 million from the above A, the Defendants were remitted to the head of Tong under the name of the Defendant C as the intermediary fee.

As a result, the Defendants conspired to receive money exceeding the upper limit of statutory fees.

2. A person who intends to run defendant B brokerage business shall file a registration of establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, the Defendant did not register the establishment of a brokerage office with the head of Dongdaemun-gu Office, and around October 19, 2009, at L office located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul, the buyer purchased the J apartment 101 Dong 704 billion won from the seller L Co., Ltd. and received KRW 30 million from the above A as brokerage commission.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

3. On December 2, 2012, Defendant A, the Defendant, at the 6th floor of the Seocho-gu Seoul Metropolitan Government M building, could not receive the registration of ownership transfer by deceiving B and C from D offices located in the 6th floor of the Seocho-gu Seoul Metropolitan Government, the J building 101 Dong 704.

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