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(영문) 서울서부지방법원 2017.03.17 2016고단3610
업무상횡령등
Text

Defendants shall be punished by a fine of KRW 10 million.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is an authorized broker for the opening of the "E-authorized Brokerage Office" located in Seodaemun-gu Seoul Metropolitan Government, and the defendant B is a broker assistant for the above certified brokerage office, who actually operates the above certified broker office.

No authorized broker and brokerage assistant for the opening of business shall engage in direct transactions with the client.

around April 2015, the Defendants requested the Victim F to sell Seodaemun-gu G502, Seoul, the victim’s ownership, and around May 13, 2015, the Defendants entered into a sales contract to purchase the said real estate in the name of Defendant H, the seat of Defendant A, at the said authorized brokerage office, with the purchase price of KRW 160 million and directly traded with the Defendant F.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Application of the entire certificate of registered matters, loan transaction contract, and separate Acts and subordinate statutes;

1. Relevant Article 48 Subparag. 3 and Article 33 Subparag. 6 of the Authorized Brokerage Act, Article 30 of the Criminal Act (a violation of prohibition of direct transactions), and the selection of fines, respectively, for the Defendants who choose to commit a crime;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is that Defendant A is a certified brokerage agent of the “EA certified brokerage office” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and Defendant B is a brokerage assistant of the above certified brokerage office, who actually operates the above certified brokerage office.

around April 2015, the Defendants had been engaged in brokerage business upon receiving a request from the victim FF to sell Seodaemun-gu Seoul Metropolitan Government G 502 (hereinafter “instant real estate”).

around May 2015, the Defendants thought that the Defendants would directly purchase the instant real estate from the victim following the Defendant’s will on the ground that Defendant A’s will be the buyer, and that around May 13, 2015, the Defendants would have the victim purchase the instant real estate to H.

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