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(영문) 춘천지방법원 원주지원 2018.04.20 2018고정45
업무상횡령등
Text

It is against the crime of embezzlement and the Act on the Management and Fostering of Real Estate Development Business in the judgment of the defendant.

Reasons

Punishment of the crime

The defendant is a certified broker for C's opening business, which is a real estate intermediary for the interest of C representative director of the agricultural company.

1. He/she shall not engage in real estate development business after making a registration by fraud or other improper means in violation of the Act on the Management and Fostering of Real Estate Development Business;

Nevertheless, on May 10, 2016, the Defendant applied for registration of real estate development business as if he/she secure D and E as a real estate development expert and full-time real estate development expert at the office of Gangwon-do's land division located in the center of Chuncheon-do, Gangwon-do.

However, the facts are that the defendant paid the price and borrowed only in the name of the defendant, and D and E did not work full-time as real estate development experts.

Accordingly, the defendant registered by fraud or other improper means, and run the real estate development business of the Gyeonggi-do Eunpyeong-gun.

2. On June 14, 2016, the Defendant should not pay benefits as there is no fact that he/she had employed C and D and E as real estate development experts in the agricultural company located in Gangwon-do G, Gangwon-do, as well as C offices of the agricultural company located in Gangwon-do G.

Nevertheless, Defendant 1 paid KRW 1.2 million to D with the above company’s funds and KRW 1.2 million to E. The fact was that the Defendant received deposits from the Agricultural Cooperative Account under the name of the Defendant, and embezzled them for personal purposes, and embezzled the amount equivalent to KRW 58,706,760 of the company’s funds as stated in the list of crimes in the attached Table.

3. No certified judicial broker conducting practices of violation of the certified judicial brokerage shall receive money and valuables in excess of the remuneration or actual expenses under any pretext, such as reward, donation, etc. from the clients with respect to brokerage services;

Nevertheless, the Defendant, at a public brokerage office located in Gangnam-gun G on June 5, 2016, sells the same military land owned by the seller I to K for a contract for the sale of the same military land owned by the seller to K for 68 million won, and three million won from the seller for a brokerage fee.

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