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(영문) 청주지방법원 2016.11.10 2016고정778

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a lessor of the office of “C Licensed Real Estate Agent” located in Jincheon-gun B.

No real estate brokerage business shall be run with a competent authority without the registration of establishment of a brokerage office.

Around April 2014, the Defendant was not a licensed real estate agent, and even without the registration of the establishment of a brokerage office, the Defendant, as soon as he/she was mixed with the said licensed real estate agent’s office, received “the status of individual land ownership”, including E-owned land from D and received a request for real estate sale.

On April 18, 2014, the Defendant: (a) at the G Certified Judicial Scriveners Office in F around April 18, 2014, by mediating a contract between the seller and the buyer for the purchase and sale of the I land in the JJ in the amount of KRW 60 million; and (b) on the same day, deposited KRW 2 million from the seller’s account in the name of JJ in the name of the Defendant’s wife.

In addition, around April 20, 2014, the Defendant arranged a contract between the seller E and the buyer for the sale of land in the amount of KRW 66 million between the seller and the buyer, and on the same day, deposited KRW 13 million from the seller to the agricultural bank account in the name of the defendant, and around April 25, 2014, at the above certified judicial scrivener office, the seller and the buyer M were the broker for the sale of land in the amount of KRW 6,00,000 between E and the buyer, but the sales contract was revoked.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Current status of land ownership by individuals in E or P name;

1. Application of a copy of the passbook in the name of J (A) and a copy of the Nonghyup Bank Act and subordinate statutes;

1. Article 48 of the Licensed Real Estate Agents Act and Articles 48 subparagraph 1 and 9 of the Licensed Real Estate Agents Act, the selection of fines concerning facts constituting an offense;

1. Articles 70 (1) 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;