Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On March 3, 2016, at a place where it is difficult to identify the place, the Defendant made a false call to the victim C, stating that “The Defendant would pay the victim amounting to KRW 140 million,00,000,000,000 to KRW 15,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, at the time of fact, the Defendant had been thought to repay his/her debt with the money received from the injured party, and the Defendant had already purchased the said D lending in the name of E-gu when he/she received the money from the injured party, and there was no intention or ability to purchase D lending with the said money even if he/she received the money from the injured party.

The Defendant, as such, by deceiving the victim, was transferred KRW 5 million to the F account in his/her name on March 3, 2016 from the victim, around 18:30 on March 3, 2016.

2. Any person who intends to run a real estate brokerage business shall register the establishment of a brokerage office with the head of a registration office having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, on March 14, 2016, the Defendant, without registering a brokerage office, arranged a lease contract between the building owner K and L in Mapo-gu Seoul Metropolitan Government, at the “H real estate consulting office” located in Yeongdeungpo-gu Seoul Metropolitan Government G, and received KRW 1.5 million from L as a fee after mediating the lease contract between the building owner K and L in Mapo-gu, Seoul.

Accordingly, the defendant violated the authorized brokerage law by running brokerage business without registering a brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused by the prosecution (including part concerning the C confrontation);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on lease contract and copy of passbook;

1. Article 347(1) of the Criminal Act (the point of fraud) regarding criminal facts, Article 347(1) of the same Act regarding the choice of punishment, and Article 48 subparag. 1 of the Act on Authorized Brokerage.