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(영문) 서울중앙지방법원 2015.03.11 2015고정203

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates an Internet Advertising Agency B, and a person who is not a broker, shall not display or advertise any object of brokerage in order to run a brokerage business.

Nevertheless, around June 12, 2014, the Defendant asked D to request the advertisement of real estate brokerage from the trader operators of Songpa-gu Seoul Metropolitan Government Cbuilding, and requested D to raise the advertisement of real estate brokerage, and as a result, D then indicated and advertised the object of brokerage under the title of “E”, “I would like to raise the advertisement of real estate brokerage,” “I would like to invest in station area of small-sized buildings with special investment risk of 10% investment risk of Nowon-gu,” “I would like to make an initial purchase of buildings with special investment risk of 10% investment risk of Nowon-gu,” and “I would like to indicate and advertise the object of brokerage as “I would like to make a sudden sale of the existing commercial building according to the station area of Samdong X-gu.”

Accordingly, the defendant, in collusion with the above D, displayed or advertised material objects to conduct brokerage business.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Request for investigation;

1. Application of Acts and subordinate statutes on Internet sites;

1. Article 49(1)6-2 and Article 18-2(2) of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014); Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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