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(영문) 수원지방법원 여주지원 2017.04.12 2017고정30

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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 April 19, 2016, the Defendant, without registering the establishment of a brokerage office to the competent authority, arranged a contract to lease the land of the E to F in Inju City, which is owned by D, from “C” located in “C,” and received a fee of KRW 500,000,000 from the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Article applicable to the facts constituting an offense, and Article 48 Subparag. 1 and Article 9 of the Act on the Business Affairs of, and Report on Real Estate Transactions (Amended by Act No. 14334, Dec. 2, 2016) concerning, the former Authorized Broker for the Selection of Punishment, as well as Articles 48 Subparag. 1 and 48.

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;