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(영문) 창원지방법원 밀양지원 2016.10.20 2016고단182

공인중개사법위반

Text

Defendant

A and B shall be punished by imprisonment with prison labor for up to 1,00,000 won and by imprisonment for up to 8 months.

Defendant

A and B, respectively.

Reasons

Criminal facts

1. Defendant C, who was the Defendant’s possession, sold F to H through G and B, and knew that the purchase price was paid to G, one’s creditor, but he did not receive G, with the intent to avoid the performance of obligation by filing a complaint against the defect in requesting the payment order, and B.

Around October 8, 2015, the Defendant submitted a written complaint stating that “Around June 19, 2012, the Defendant: (a) the Changyang District Prosecutor’s Office in the Changyang District Prosecutor’s Office located in Mayang-si, the Defendant mediated a contract to sell the land owned by the Defendant B to H, which is KRW 30 million, the purchase price of which is KRW 30 million; (b) upon reporting real estate transaction, the Defendant submitted a written complaint stating that “A request criminal punishment because he/she prepared and forged a sales contract, power, and a report on real estate transaction contract in the name of the complainant, the purchase price of which is KRW 60 million, without the consent of the complainant.” On or around October 19, 2015, the Defendant was investigated by a witness at the Sungyang Police Station, and stated that “The Defendant’s resident registration certificate was given to B and made a copy of it to B, but the Defendant did not memory his/her signature on the delegation.

However, in fact, B and the reported amount of real estate transactions was agreed to be KRW 60 million, and the defendant directly signed the letter of delegation submitted at the time of reporting real estate transactions.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

2. The defendant B shall not use the name of the broker of the J Licensed Real Estate Agent Office located I in Yangyang-si, and a person who is not a licensed real estate agent shall not use the name of the licensed real estate agent or any other similar name.

From March 24, 2011 to May 9, 2016, the Defendant ordered the Defendant to keep the name of “J Licensed Real Estate Agent B” on the table of the office and distributed it to customers and used the name similar to that of the licensed real estate agent.

3. Defendant A.