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(영문) 광주지방법원 2018.02.08 2017고정499

공인중개사법위반

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 an authorized broker and a person who operates real estate brokerage business under the trade name of "D Authorized Brokerage Office" in Gwangju North-gu, Gwangju.

No authorized broker, etc. of the opening of business shall make an error of judgement by the client by means of false words and behavior, etc. concerning important matters relating to transaction of the relevant object of brokerage.

On July 2016, the Defendant published an advertisement to H newspaper after receiving a request from a lessor E to offer F apartment G in Gwangju as a whole from the above certified broker office.

However, in fact, the apartment house was in the custody of the apartment house because E did not pay the remainder of 35,500,000 won to E before its owner and I was in the custody of it.

Although the defendant knew the above facts, he did not notify the lessee B of this fact, and had the lessee enter into a lease contract with E on July 27, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B and J;

1. Some of the witness K’s legal statement;

1. Statement at K in the third examination protocol of the suspect against the accused;

1. The lease contract for the apartment;

1. An explanatory note for verifying the objects of brokerage;

1. Details of inspection of transferred households;

1. A copy of a passbook in the B name of L bank;

1. Recording records of each recording;

1. The qualification certificate of an authorized broker;

1. Cash receipt;

1. Counseling place and H examination;

1. Application of Acts and subordinate statutes governing registration;

1. Article 49 (1) 10, and Article 33 subparagraph 4 of the same Act concerning facts constituting an offense, and Article 49 (1) 10 of the same Act and Article 33 of the same Act concerning selective brokerage of criminal punishment

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;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for damages by the defendant is not clear)

1. The summary of the allegation is that E at the time of entering into the instant lease contract between E and E at the time of the on-site inspection of the apartment of this case.