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(영문) 광주지방법원 2013.07.18 2013고정1036

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, on July 25, 2012, the Defendant, without registering the establishment of a brokerage office, arranged a real estate lease contract on the G-gu G land of 271.4 square meters between D, E and victim F in the Jung-gu Office in Gwangju Mine-gu, Gwangju, and received KRW 2 million from H, the agent of the said victim, as a fee.

Accordingly, the defendant is running real estate brokerage business without registration of establishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. The police statement of H;

1. Application of Acts and subordinate statutes of a performance agreement;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraphs 1 and 9 of Article 48 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;