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(영문) 서울북부지방법원 2012.07.13 2011고단3190
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant violated the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act without registering the establishment of a licensed real estate agent. Since the date on which the first sales contract was made on November 25, 2010 is “the date on which November 25, 2010”, the indictment is erroneous.

In the office of the E Licensed Real Estate Agent in Gangnam-gu Seoul, Gangnam-gu, Seoul, the seller G, H, I, and the purchaser's purchase price of KRW 950 million paid by the purchaser, and the sales office of KRW 10 million received KRW 10 million as a commission, for the purpose of mediating the sales contract, with the size of 127.6 square meters, 261.47 square meters, and the size of 4th floor above the ground.

2. The Defendant, at the time, place, and in mediating the conclusion of the sales contract as described in paragraph (1) with the date, time, and place described in the preceding paragraph, was made by the seller G and H to sell the above publicly notified telecom amounting to KRW 850 million, but the Defendant, upon receiving a request from the seller G and H to sell the above publicly notified telecom amounting to KRW 49,000,000,000,000,000,000,000 to the victim I (hereinafter referred to as “the seller would sell this telecom to KRW 9550,000,000,000,000,000,000,000,000 was paid to the seller, and the seller acquired pecuniary gains equivalent to KRW 10,000,000,000.

Summary of Evidence

Facts No. 1

1. Statement of the accused in the first protocol of trial;

1. A certified copy of a name box;

1. The second fact in the judgment of a real estate sales contract;

1. The legal statement of the witness H, J, G and I;

1. Statement of the police officer to G, I and J;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Application of a real estate sales contract, written confirmation of suspect writing, written agreement, written confirmation, and statutes;

1. Relevant legal affairs of licensed real estate agents and reporting of real estate transactions Act, Article 48 subparagraph 1 and Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Article 347 (1) of the Criminal Act, and selection of imprisonment

1. Grounds for conviction under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

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