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(영문) 청주지방법원 2015.10.13 2015고정434

공인중개사법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a 'F Licensed Real Estate Agent' in substantial Gu E in Cheongju-si.

No practicing licensed real estate agent, etc. shall mislead the judgement of the client by means of false words and behavior or other methods with respect to important matters relating to transaction of the relevant object of brokerage.

On October 23, 2014, the Defendant mediated the above "F Licensed Real Estate Agent" office in order to C, which had not been registered with the object of brokerage, and did not notify C and D of provisional seizure and collateral security, despite the establishment of the right to collateral security, and did not state these contents in the description of the object of brokerage, thereby making the decision of the client.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Full certificate of the matters to be registered, general building register, real estate brokerage office registration register;

1. A copy of the studio rental contract (or reasonable Gu G), a real estate price contract, a confirmation description of the object of brokerage, and a certificate of contents;

1. Application of the receipt statute

1. According to Articles 49(1)10 and 33 subparag. 4 of the Licensed Real Estate Agents Act regarding criminal facts [the defendant alleged to the effect that he/she is not guilty because he/she explained on the relationship of rights of the object of brokerage, etc.] of the relevant criminal facts, it can be acknowledged that the defendant did not properly explain important matters, such as the state of the object of brokerage, to D without properly stating the relationship of rights of the object of brokerage in the description of the object of brokerage issued by the defendant. In addition to the point at which C or D raises an objection against the defendant after the contract, and the defendant's response thereto, it can be recognized that the defendant committed a false speech and behavior concerning important matters in the transaction of the object of brokerage, thereby impairing the judgement of the client. The above argument is rejected.]