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(영문) 제주지방법원 2019.02.11 2018고단1961
사기등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a licensed real estate agent who operates the C Licensed Real Estate Agent Office in Jeju City B.

No practicing licensed real estate agent, etc. shall conduct direct transactions with the client or act as an agent for both of the transaction parties.

Nevertheless, around May 2017, the Defendant received a request from the above C Licensed Real Estate Agent Office for real estate brokerage from the above D, and entered into a lease agreement with the client about the above C's house owned by the Defendant, and received KRW 25 million, including lease deposit, from D.

Accordingly, the defendant violated this by doing direct transaction with the client D as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on real estate tax contracts;

1. Article 48 of the Licensed Real Estate Agents Act and subparagraph 3 of Article 48 of the Licensed Real Estate Agents Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty of Article 334 (1) of the Criminal Procedure Act (Fraud) of the provisional payment order;

1. On May 19, 2018, the Defendant: (a) around May 19, 2018, at the above C Licensed Real Estate Agent Office, introduced a farming house located in E and F at the time of the Defendant’s possession to the victim D, who requested the brokerage of the c. real estate agent’s house; and (b) intended to directly operate the house; and (c) without immediately concluding a lease contract, the Defendant recommended the victim to enter into a contract as if

In addition, around May 2017, the Defendant leased the instant house in KRW 20 million to the victim D and the Defendant’s Jeju-si E, F, outside, and warehouse (hereinafter “instant house”) at the said C Licensed Real Estate Agent’s Office in KRW 20 million, the rental deposit was leased in KRW 7 years, and KRW 10 million in annual rent at KRW 10 million, using the telephone call or mobile phone, and the lessor consents thereto.

Authorization and permission shall be responsible for the lessee.

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