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(영문) 서울동부지방법원 2018.09.20 2018고단2091
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in brokerage business of authorized judicial breach 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 under the conditions as prescribed by Ordinance of the Ministry of Land

Nevertheless, on September 1, 2017, the Defendant, without a qualification as an authorized broker, puts on the bulletin board of the “C” Internet next to the Kafbook (hereinafter referred to as the “C”), written comments that the Defendant sold the 6th floor location of Songpa-gu Seoul Songpa-gu Seoul E on the “Guarantee 20 million won, monthly rent of KRW 1.5 million, monthly premium of KRW 25 million, premium of KRW 25 million,” and arranged a lease contract between the lessee F and the lessor with respect to the said shop, and operated a brokerage business without registering the establishment of each brokerage office by receiving the transfer of the KRW 50,000,000 from the F to the account under the name of the Defendant.

2. On September 29, 2017, as indicated in the above Paragraph 1, the Defendant: (a) acting as a broker for a lease agreement between the victim F and G; (b) in fact, the Defendant attempted to unfash the difference by unfashing the premium even though the premium was KRW 15 million for the said Maz; and (c) the victim is obliged to settle the premium between B and H and B, and pay the victim the smuggling rent, public charge, etc. for H’s sealed rent and public charge.

“A false representation was made.”

The Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the account in the name of the Defendant’s name on the same day; and (c) subsequently, the victim transferred KRW 15 million to the said H around 12:49 on the same day.

Accordingly, the defendant acquired 10 million won from the damaged person as a premium.

Summary of Evidence

1. Statement by the defendant in court;

1. Some description of each police suspect interrogation protocol (including the F statement protocol) against the accused;

1. Each police statement with respect to F. F.

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