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(영문) 춘천지방법원 2014.01.28 2013고단1000
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. A person who is not a broker in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall not use the name "licensed real estate agent office", "real estate brokerage", or any other similar name.

Nevertheless, on March 13, 2013, the Defendant registered the business with the trade name of “C real estate” in the Hongcheon Tax Office, and on April 2013, the Defendant entered the name of “C real estate consulting” in the window of the above office in the office located in Incheon-do Incheon-gun, Gangwon-do, while keeping the signboard “C real estate” on the side of the above office.

Accordingly, even if the defendant is not a broker, the defendant used the name similar to the licensed real estate agent office or real estate broker.

2. On October 30, 2012, the Defendant owned a forest E, forest E 1,763 square meters and a F dry field 622 square meters in South Korea, and around November 7, 2012, the Defendant registered the establishment of a superficies on the two-gu Credit Cooperatives around November 7, 2012, with the forest and dry field as joint collateral, the establishment of a mortgage on the said forest and dry field of KRW 300,000,000, around March 12, 2013, the registration of the establishment of a superficies on the mortgagee G, the maximum debt amount of KRW 65,00,000, and the registration of the establishment of a mortgage on the said G, the maximum debt amount of KRW 26,00,000 on March 26, 2013, respectively.

The Defendant, at around 13:00 on April 12, 2013, at the Defendant’s house located in Gangwon-do, and around 13:00, to the victim I, who reported and contacted the Defendant’s mobile phone numbers stated in the “C Real Estate” office as indicated in paragraph (1), sold the above forest land with a size of 701 square meters and the above dry field, the Defendant would supply the Defendant with a hot spring water coming from the land owned by the Defendant at the time of purchase of the above forest land and dry field. As the land price is expected to increase because the instant forest and dry field were to be constructed with 10 Dongs and bathing facilities, which are hot spring facilities, in the above forest and dry field.

In addition, the right to collateral security and superficies established on the forest land and dry field will be cancelled at the same time as the payment of the balance of sale and purchase.

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