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(영문) 대구지방법원 2013.04.10 2012고정4536

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent, and the defendant B and C are a brokerage assistant.

1. No defendant A licensed real estate agent may allow another person to render brokerage services using his/her name, or transfer or lend his/her certificate of licensed real estate agent to another person;

Nevertheless, from August 2010 to April 201, the Defendant agreed to receive 20 to 30% of the brokerage commission from the F Licensed Real Estate Agent Office located in Daegu-gu E, Nam-gu, from the broker assistant B and C, and lent to B and C the qualification certificate of licensed real estate agent under the name of the Defendant so that B and C may render brokerage services using the Defendant’s name.

2. No person may acquire or borrow and use a certificate of qualification of a licensed real estate agent for another person;

Nevertheless, around October 9, 2010, at the same place as Paragraph 1, the Defendant borrowed and used A’s certificate of qualification for agent agent by arranging I’s lease contract with regard to H 305, Daegu-gu, Daegu-gu, G, and receiving KRW 180,000,000 from I as lessee.

3. No defendant C shall take over or borrow and use any certificate of qualification of a licensed real estate agent for another person;

Defendant

C, at the time and place referred to in paragraph (2) above, in arranging B I's rental contract, B directly prepared a lease contract and used it by borrowing A's certificate of licensed real estate agent by mediating lease contract.

Summary of Evidence

1. Some of the police suspect interrogation protocol against the Defendants

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to investigation reports (a lease contract, C name cards), investigation reports (deposit data and register of real estate brokerage offices) and investigation reports (a counter party to the legal representative of the lessor);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49 (1) 1 and 7 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

B. Defendant B and C: