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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Licensed Real Estate Agents Act shall take over or borrow and use any third person¡¯s license certificate;
Nevertheless, from January 2014 to June 2014, the Defendant leased a certificate of qualification of licensed real estate agent in the name of “D” located in macro-si C, on condition that E pay KRW 700,000 per month to E, and provided brokerage services to many and unspecified persons.
Accordingly, the defendant borrowed another person's qualification certificate and used it.
2. In mediating a rental contract between F-victim H around September 6, 2013 in relation to the fabrication of private documents, the uttering of a falsified document, the fraud, and the Defendant: (a) around September 6, 2013 at the time when F was newly constructed, F wishes to a monthly rent contract; (b) while the victim wishes to a monthly rent contract; (c) the victim would have entered into a monthly rent contract; and (d) F would have arbitrarily prepared a monthly rent contract with the victim as if the monthly rent contract was entered into, and had the victim receive a deposit from the victim and pay it monthly.
Accordingly, the Defendant, at the office of licensed real estate agent as stated in paragraph (1) around September 6, 2013, told the victim as if he/she concluded a charter contract with respect to 304 of the above studio 304,000 won, transferred 50,000 won from the victim to the NA account under the pretext of the provisional contract. On December 31, 2013, the Defendant, using PC, “studio charter contract”, “F leases 304, G 304,000 won to H (victim) at the time of Scudio 304,000 won from December 31, 2013 to December 31, 2014, signed the seal of the victim arbitrarily rejected the above studio 304 from the lessee’s name and then received the money from the NA under the name of the victim under the name of 50,500,000 won before December 31, 2013.
In this respect, the defendant has no authority for the purpose of exercising.