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Defendant
A shall be punished by a fine of 4,00,000 won and by imprisonment of 6 months for each of the defendants B.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
1. Defendants B’ joint crime is the owner of Eunpyeong-gu Seoul Metropolitan Government E No. 105 (hereinafter “instant real estate”), and Defendant A is a certified intermediary operating G certified brokerage office located in Eunpyeong-gu Seoul Metropolitan Government F.
Defendant
B as the goods guaranteed by the right to occupy the redevelopment apartment, had purchased the instant real estate at a low price from the former owner, and requested the Defendant A to re-sale the instant real estate to a third party while speaking the fact.
On April 28, 2016, at the G Authorized Brokerage Office located in Eunpyeong-gu Seoul, Seoul, the Defendants concluded a real estate sales contract with the victim H stating that “If the instant real estate is purchased, the Defendants may obtain the right to move into redevelopment apartment units later,” and that the Defendant sold the instant real estate at KRW 135 million to the victim.”
However, since the above real estate was approved to be used as a general house on September 1, 2003 and converted into a multi-household house on November 9, 2004, the right to move into a redevelopment apartment was not guaranteed solely by the relevant ordinances.
The Defendants: (a) by deceiving the victim as above; (b) by deceiving the victim from the victim to the national bank account in the name of Defendant B; (c) obtained KRW 13 million as the intermediate payment on May 17, 2016; and (d) received KRW 32 million as the remainder payment on June 23, 2016; and (c) obtained the victim’s obligation to return the lease deposit equivalent to KRW 80 million as the lessee of the instant real estate on June 23, 2016; and (d) acquired the pecuniary profit of KRW 135 million in total from the victim to take over the obligation to return the lease deposit equivalent to KRW 80 million as the lessee of the instant real estate.
2. No money or valuables shall be received in excess of the remuneration or actual expenses prescribed by the Act under the pretext of the case of purchasing a certified brokerage broker for Defendant A's opening business, donation, and any other pretext.
Nevertheless, the Defendant’s real estate from B around June 23, 2016.