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창원지방법원 통영지원 2015.12.11 2015고단1055

1. Defendant A and B shall be punished by imprisonment with prison labor for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

[2015 Highest 1055]

1. Defendant A, B, and C: (a) around the first half of the first half of 2015, the Defendants conspired to take charge of buying and selling real estate to an unspecified seller who bought real estate by means of the Internet, etc., and receiving appraisal and assessment expenses by means of receiving the money from an unspecified seller; (b) as if Defendant A calls to an unspecified seller, he would act as a real estate intermediary; (c) Defendant B would have issued an appraisal report, an investment appraisal certificate, etc. from those who want to sell real estate to A; and (d) Defendant C would have been in charge of purchasing a large passbook to be used for committing a crime, a large phone, and withdrawing funds deposited in the above large passbook.

On August 3, 2015, the Defendants reported the text of the real estate transaction in the Luxembourg market, which was advertised by the victim H in the French area (Seoul) around August 3, 2015, and made a false statement to the victim that “I would sell the real estate upon deposit of consignment and introduction fees, because there is a person who wants to buy an apartment.”

However, the Defendants did not engage in real estate brokerage and did not have any intention or ability to mediate even if the Defendants received the introduction fee from the victims.

In collusion, the Defendants: (a) received 2020,000 won from August 3, 2015 to September 21, 2015 in total 14 times from August 3, 2015 to receive 28620,000 won from the victim’s account (J) under the same day as commission money; and (b) received money from the victim.

[2015 Highest 1056]

2. Defendant D, around March 2015, was working in the Seoul metropolitan area for Kwikset Service and for selling mobile phones under the name of another person (hereinafter “Mophone”), said Defendant: (a) sought three mobile phones from C; and (b) was linked to another account under the name of another person (hereinafter “Mophone”).