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(영문) 대구지방법원 2015.04.16 2014고정2974

공인중개사법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is a practicing licensed real estate agent operating the E real estate brokerage office in Daegu-gu D, and Defendant B is a person working as a brokerage assistant for the above E real estate brokerage office.

1. A person, other than Defendant B practicing licensed real estate agent, shall not display or advertise the object of brokerage, despite which the Defendant displayed or advertised the studio photographs, etc. of the studio located in Daegu G, which is the object of brokerage, on October 4, 2014.

2. Defendant A’s act of violating the Licensed Real Estate Agent Act by displaying and advertising the object of brokerage as described in the above paragraph (1) with respect to the Defendant’s business at the above date, time, and at the above place, Defendant A, a brokerage assistant of the Defendant.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each police interrogation protocol against the Defendants

1. The real estate brokerage office registration ledger;

1. Application of Acts and subordinate statutes, such as studio advertising photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant B: Articles 49 (1) 6-2, 18-2 (2) of the Licensed Real Estate Agents Act;

(b) Defendant A: Articles 50, 49 (1) 6-2, and 18-2 (2) of the Licensed Real Estate Agents Act;

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

1. Determination as to Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Summary of the assertion

A. According to the Ministry of Land, Infrastructure and Transport’s guidelines on the labeling and advertising of the object of brokerage, it is possible to indicate brokerage assistants when advertising the object.

The Defendant trained a brokerage assistant to advertise in accordance with the above guidelines, and the brokerage assistant B advertised the instant advertisement including his contact information according to the direction of the Defendant, so the instant advertisement does not violate the Licensed Real Estate Agent Act.

B. The Defendant runs the same advertising act.