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(영문) 대구지방법원 2017.06.21 2017고정1030
사기등
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A has worked as a brokerage assistant at the Daegu Northern-gu Office for Real Estate Brokerage, and Defendant B is an official agent who operates the above real estate brokerage office.

1. No certified broker and brokerage assistant for defendant A's opening business shall commit any act to cause an error of judgement by the client by means of false words and behavior, etc., concerning important matters relating to transaction of the object of brokerage in question;

On February 16, 2016, the Defendant received a request from the victim E for the mediation of the studio charter contract from the above real estate brokerage office, and said that the lessor F entered into a lease contract with the victim as if the lessor F entered into a deposit contract with the amount of KRW 30 million.

However, in fact, the lessor F requested rent as a monthly rent, not a full-time tax, and the Defendant was thought to have used the deposit amount of KRW 30 million for personal consumption without delivering it to F.

Ultimately, as above, the Defendant: (a) deceiving the victim; (b) made it clear that the deposit of the deposit of the deposit of the deposit of the deposit of KRW 27 million from the victim on the same day; and (c) around March 7, 2016, the deposit of the deposit of the deposit of KRW 30 million is KRW 30 million in total; and (d) 27 million in total; and (c) thus, the “30 million” as indicated in the facts charged appears to be a clerical error of the “27 million” as stated in the facts charged; (b) so, the Defendant partly revised the facts charged to the extent that it does not interfere with the guarantee of the Defendants’ right to defense.

upon receipt of the delivery of B/L, the client's judgment was affected on important matters relating to the transaction of the object of brokerage.

2. Defendant B, who operates the above D Authorized Brokerage Office, committed an act of making the judgment of the client by false words and behavior concerning important matters relating to the transaction of the object of brokerage, as described in paragraph (1) by A, which is the cause of mediation assistance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. Details of transactions in each passbook and the register of real estate brokerage business;

1.Each.

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