beta
(영문) 수원지방법원 여주지원 2014.09.01 2014고단344

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a licensed real estate agent who runs the real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” located in D in Eju City, and Defendant A is a brokerage assistant belonging to the above licensed real estate agent office.

No broker nor brokerage assistant shall commit any act to cause an error of judgement by the client by means of false words and behavior, etc., concerning important matters relating to transaction of the object of brokerage.

1. On August 2012, Defendant A presented the instant land at the office of “E Licensed Real Estate Agent Office” to the victim F, who requested the purchase of the neighboring land in Tonju-si, Nam-si, G, the Defendant said, “If the Defendant applied for the opening of an access road to the third line of the adjoining national highways and paid KRW 4.5 million to the Defendant at the time of innju-si, it would be possible to use approximately 600 square meters of the I State-owned land adjoining the said land as its own land as its parking lot, etc.”

However, in fact, the instant land and I land adjacent to the said three lines of the national highways were within the influence of cross-sections under Article 6 (Prohibition Section of Consolidated Permission) of the Regulations on Connections with Roads and other Roads (Ordinance No. 456 by the Ministry of Land, Transport and Maritime Affairs No. 456) and it was difficult for the State to directly open the instant land and I land from the third lines.

In addition, the defendant did not properly confirm the possibility of opening the above land as an access and exit to the relevant administrative branch.

Nevertheless, by not later than September 24, 2012, the F had the F enter into a real estate sales contract with G on the same day by allowing F to enter into a real estate sales contract with G on the same day, thereby causing F to mislead the client’s judgment by means of false words and behavior or by other means.

2. The defendant B's brokerage assistant who is the defendant B shall trade the object of brokerage in relation to the defendant's business as described in paragraph (1).