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(영문) 서울북부지방법원 2013.06.20 2012고단2829
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Although Defendant A’s licensed real estate agent’s business and reporting of Real Estate Transactions Act were not encouraged real estate speculation by mediating, etc. the sale of real estate for which registration of ownership preservation or registration of transfer has not been made for the purpose of violating related Acts and subordinate statutes, such as tax evasion, or the change of rights such as resale under related Acts and subordinate statutes, or real estate, the change of rights such as resale, etc. has been restricted pursuant to the relevant Acts and subordinate statutes, the Defendant, a brokerage assistant of the D Licensed Real Estate Agent’s Office, purchased Dobong-gu Seoul Metropolitan Government FF Loans No. 402, May 2010 and paid KRW 30 million as the down payment and intermediate payment, knowing that he/she did not register the ownership transfer thereof, around June 21, 2010, he/she provided that the registration of ownership transfer was made in the name of H in the above E on July 9, 2010.

As above, the Defendant promoted real estate speculation by mediating the sale and purchase of real estate which did not register the ownership transfer for the purpose of violating the Act on Special Measures for the Registration of Real Estate.

2. In order to avoid the imposition of taxes in violation of the Act on Special Measures for the Registration of Real Estate in violation of the Act on the Measures for the Registration of Real Estate in violation of the Act, or to obtain profits arising from price fluctuation between different cities, or to avoid the limitation of statutes regulating changes in rights such as ownership, when a person who entered into a contract with the purport to obtain the ownership of real estate again intends to enter into a contract with a third party on the real estate subject to the transfer of ownership, he/she shall file an application for the transfer of ownership pursuant to the first contract concluded with the third party prior to entering into the contract with the third party. However, the defendant, after purchasing Dobong-gu Seoul Metropolitan Government FF loan No. 402, May 2010, paid 30 million won as the contract deposit and intermediate payment, and then

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