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(영문) 서울북부지방법원 2018.06.21 2017고단2569

공인중개사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 21, 2008, the Defendant was engaged in the brokerage business as a broker assistant of the “F Authorized Brokerage Office”, the representative of Dobong-gu Seoul, Seoul, as from around January 21, 2008, the Defendant discontinued the above office on November 1, 201, and was in the condition that the health of the above office is deteriorated, such as being judged as waste cancer, and thus, it was entirely not involved in the operation of the above office. However, the Defendant was able to engage in the brokerage business while carrying the name stating “F real estate consulting CEO” while carrying out the brokerage business, and tried to prepare a contract using the name of the above E.

On May 7, 2015, the Defendant, at the immediately preceding office, was prohibited from engaging in brokerage business using another person’s name or trade name, and even though the above E had already died, the Defendant arranged G to purchase a house located in Gangnam-gu Seoul Metropolitan Government and its right of re-building, which is H ownership, and prepared a sales contract with the same content, and marked the name of “F Authorized Brokerage Office Registration Number: J: K of Dobong-gu Seoul Metropolitan Government.”

Accordingly, the defendant used the name of E to render brokerage services.

Summary of Evidence

1. Entry of witnesses and M in the second public trial records;

1. Each statement of the witness G and N in the third public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor on M or L by the prosecution;

1. Statement by the police concerning L;

1. Official correspondence in a petition for complaint or accusation;

1. Determination as to the assertion of the Defendant and the defense counsel as to the other trade contract, certificate of closure of business, demand note, payment note, letter of name of the suspect

1. The main point of the argument E visits the brokerage office in 2015 to the defendant and, if necessary, affix his seal to the defendant, and if necessary, affix his official seal to the name of the broker at the time of the instant sales contract.

2. The following circumstances are considered based on the evidence duly adopted and examined by this Court.