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(영문) 서울중앙지방법원 2014.11.07 2014고단4619
사기
Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The Defendant in the facts charged is a person who served as a real estate brokerage assistant at the Gyeonggi-do Goyang-si and the real estate brokerage office located in Pakistan-si from around 2004 to June 2013.

On October 30, 2008, E, the Korea National Housing Corporation and the Korea National Housing Corporation, the monthly rent of KRW 395,000, and the down payment of KRW 13,80,000 among the security deposit, the remainder of KRW 50,520,000,00 in the contract, and the remainder of KRW 50,000,000,000,000 in the lease deposit, are prohibited from transferring or sublet the right of lease in violation of the Rental Housing Act as a public construction rental apartment in violation of the provisions of the Rental Housing Act, and the Defendant was well aware of the above fact by serving as a real estate brokerage assistant for a long time.

Nevertheless, the Defendant, at around September 200, recommended to make an investment in G and H, which is a land owner, to take over the right to lease of the apartment in this case as the money, while being transferred from G and H to the Defendant’s new bank account on September 25, 2008, with an intention to take over the right to lease of the apartment in this case as the money in the money, while he was in custody for the money transferred from G and H to the Defendant’s new bank account on September 25, 2008, with an intention to take over the right to lease of the apartment in this case as the money, 35 million won in premium, 13.8 million won in down payment of the deposit, 1.2 million won in contract deposit, and 1.2 million won in sum, was paid to I, and then acquired the right to lease in this case, and then tried to acquire the right to lease.

However, the apartment of this case is illegal in the transfer or sub-lease of the right of lease, and the above H, who did not seek a person to resell the apartment at the time of real estate in Gyeonggi-do without seeking any time, demanded to return the invested money, and the defendant returned the money to H on October 6, 2008 and the defendant returned the total of KRW 25 million to H on December 1, 2008, and KRW 25 million on December 2, 2008, but did not return it to H.

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