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The accused shall dismiss an application for remedy by the applicant for remedy of innocence.
Reasons
1. Summary of the facts charged
A. The Defendant was a licensed real estate agent operating the E Licensed Real Estate Agent Office in Ansan-si, Ansan-si, the Defendant: (a) lent KRW 10 million to G, the actual lessee of the building F. 204 (hereinafter “instant store”); (b) but did not receive a return; (c) the building owner of the said building was in a crisis where he/she did not receive the said money; and (d) he/she did not receive the said money.
On January 8, 2014, at the above E Licensed Real Estate Agent Office, the Defendant concluded a commercial lease agreement between H and the victim D, the owner of the building in the above commercial building, and concluded a contract for the transfer of real estate rights between I and the victim, the former lessee, and concluded a false statement to the effect that “the victim who intends to run a dan business” is “the place where the dan business is possible.”
However, in fact, the above store is merely a change in the building ledger as a danran, and there was a private teaching institute within 20 meters of the same floor and it was impossible to permit the danran business pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.
The Defendant, by deceiving the victim and allowing the victim to receive KRW 20 million as a security deposit from the building owner around that time, and I, a lessee of the above store, received KRW 17 million as a security deposit.
(b) A broker, etc. who violates the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall not engage in any act to make the judgement of the client by means of false words or behavior concerning important matters relating to the transaction of the object of brokerage;
Nevertheless, the Defendant, at the above E Licensed Real Estate Agent Office around January 8, 2014, concluded a lease contract and a real estate right transfer contract with the above D by making a false speech as if the above commercial building is possible to run a dran tavern business.