beta
(영문) 부산지방법원 2018.02.08 2017고정2423

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

A person who intends to run a brokerage business shall register the establishment of a brokerage office with a registry office having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land,

Nevertheless, on February 2017, the Defendant, without registering the establishment of a brokerage office, operated real estate brokerage business, such as arranging a contract for D to purchase the 7th floor building on the ground of the above address from E, the owner of the building, and receiving KRW 10 million and KRW 7 million from E, without registering the establishment of the brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire into details of transactions (13 pages of investigation records), to capture text messages (14 pages of investigation records);

1. Article 48 Subparag. 1 and Article 9 of the former Authorized Judicial Brokerage Act (amended by Act No. 14334, Dec. 2, 2016; and enforced June 3, 2017);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;