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(영문) 서울서부지방법원 2018.06.22 2017고단4011
사기
Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for three million won, for each of the defendants C.

Defendant

C.

Reasons

Punishment of the crime

Defendant A is a person who manages a building owned by mother-friendly D, Defendant C is a certified broker who operates a "E certified broker office", Defendant B is a person who is registered with the office of Yongsan-gu as a broker assistant belonging to the above certified broker office of Yongsan-gu with Defendant C.

1. On March 18, 2017, Defendant A and Defendant B entered into a lease agreement with the victim J who intends to engage in “I” on the 3rd floor H of the 3rd floor building located in Yongsan-gu Seoul, Yongsan-gu, Seoul, as a proxy, in the “E Authorized Brokerage Office” located in Yongsan-gu Seoul, Seoul, with D as a broker, on the 42.63rd floor area of the 3rd floor building located in Yongsan-gu, Seoul.

Defendant

B Although the above branch H was designated as a parking lot which is “automobile-related facility” on the building ledger, it was impossible to conduct a general restaurant, such as “I,” the victim’s “the use of the branch H of the above building is designated as a neighboring living facility, and there is no problem in the operation of the general restaurant.” The branch H of the above branch H issued a confirmation note of the object of brokerage, stating “n't have any problem in the operation of the general restaurant.” Defendant A was well aware that the branch H of the above branch H was the parking lot use, and was aware of the fact that the purpose of the confirmation note of the object of brokerage was erroneously stated, Defendant A was aware of the fact that the use of the confirmation note of the object of brokerage.

The Defendants deceptiond the victim as such, and caused the victim to enter into a lease agreement of KRW 30,00,000 for the said branch H, and KRW 1,500,000 for the monthly rent, and Defendant A received KRW 5,00,000 from the victim as contract deposit on March 18, 2017, and was remitted KRW 26,50,000 for the remainder and monthly rent on March 28, 2017. Defendant B was remitted KRW 1,620,40 for the brokerage commission on March 18, 2017.

As a result, the Defendants conspired to acquire 33,120,400 won in total from the damaged persons.

2. Defendant B’s violation of the authorized brokerage justice.

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