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(영문) 대구지방법원 경주지원 2020.02.19 2019고단299
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Authorized Brokerage Act is a person operating “C” in the racing-si B, and has not registered the establishment of a brokerage office.

No person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall engage in the brokerage business without the

Nevertheless, around October 19, 2018, the Defendant, without registering the establishment of a brokerage office at the above “C” office, and without mediating the sale and purchase contract of the seller’s “F Company G” and the buyer’s “H”, received one million won of the commission from I, a seller’s agent.

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

B. No person, other than a practicing licensed real estate agent, shall use the name "licensed real estate agent office", "real estate brokerage", or any other similar name.

Nevertheless, the Defendant around October 19, 2018 and the above A.

In the process of operating the same as above at the place described in the subsection, an outdoor advertisement of the office used the name similar to the certified intermediary office by displaying the contents of “C”, etc.

2. The Defendant’s embezzlement around October 10, 2018 and the above 1-A.

In the place described in paragraph (1), the victim H refers to the purport that “B is an agent or intermediary entrusted with all the authority for sale by the owner, and thus, it is necessary to enter into the instant contract,” and the victim H entered into a provisional contract by mediating the victim to purchase the said D apartment E units of apartment units owned by the F Company at KRW 145 million, and around October 10, 2018, the victim transferred KRW 15 million from the victim as the down payment, and KRW 30 million from the victim to the Defendant’s account in the name of the Nonghyup Bank on or around October 18, 2018. The F Company G as the seller on or around the 19th of the same month.

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