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(영문) 서울서부지방법원 2016.09.07 2016고단1032
사기
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of KRW 500,000, and Defendant C shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

1. The Defendant, as the wife of the Eunpyeong-gu Seoul Metropolitan Government 1st floor G 101 (hereinafter “instant real estate”), concluded a sales contract with the victim I and the victim J on behalf of H on behalf of H.

On October 16, 2014, the Defendant stated that “this house belongs to the redevelopment area and can purchase and sell a high-level apartment house with a large equity of equity in the redevelopment area” to the victim I, who opened a house in his/her own residential area under the above 101 on October 16, 2014.

However, in fact, the real estate of this case was subject to cash settlement and it was not possible to receive the right to sell the redevelopment apartment even if it was purchased by the victims.

Nevertheless, on October 20, 2014, the Defendant, by deceiving the victim I, entered into a sales contract of KRW 238 million at the L Licensed Real Estate Agent Office in Eunpyeong-gu Seoul Metropolitan Government K and the first floor, and acquired KRW 50 million in total by receiving KRW 3 million as the contract deposit on October 16, 2014, KRW 50 million as the contract deposit on October 20, 2014, and KRW 50 million as the intermediate payment on December 30, 2014, respectively.

2. Violation of the Licensed Real Estate Agent Act by Defendants B and C

A. On October 20, 2014, Defendant C, who works as a brokerage assistant at the L Licensed Real Estate Agent Office in Eunpyeong-gu Seoul Metropolitan Government K and the first floor, received KRW 4.5 million from A in excess of the maximum statutory brokerage commission fee of KRW 2,142,00,00, under the pretext of brokerage commission, in mediating the conclusion of a real estate sales contract under paragraph (1) at the above Licensed Real Estate Agent Office.

B. Defendant B, as a licensed real estate agent, received KRW 4,50,000 from A in excess of the maximum statutory brokerage commission fee, under the pretext of brokerage commission, in mediating the conclusion of a real estate sales contract as above.

Summary of Evidence

1. The defendant A's partial statement 1.

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