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(영문) 의정부지방법원 고양지원 2015.09.04 2015고정890

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Any person other than a practicing licensed real estate agent shall not use the name "licensed real estate agent office", "real estate brokerage", or any other name similar thereto, and shall not display or advertise any object of brokerage.

Nevertheless, around February 16, 2015, the Defendant opened and operated a “B” camera (C) on the following website, and published an advertisement stating the photo, characteristics, individual land price, trading price, etc. of the E at 150 square meters in the case of Pakistan, which is an object of brokerage, and used the name of the F Licensed Real Estate Agent Office G and H by stating “D” at the bottom of this article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes concerning photographs posted by each suspect on the Internet;

1. Relevant Article 49 (1) 6, Article 18 (2) of the Licensed Real Estate Agents Act ( point of using the name of the licensed real estate agent's office), Article 49 (1) 6-2, and Article 18-2 (2) of the Licensed Real Estate Agents Act concerning facts constituting an offense, the selection of a fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 334(1) of the Criminal Procedure Act (the amount of fine determined by the summary order is somewhat excessive in light of the Defendant’s gender, age, family relationship, economic situation, and occupation relationship) is higher