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(영문) 대전지방법원 서산지원 2014.08.29 2014고정81

공인중개사의업무및부동산거래신고에관한법률위반

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. No defendant A shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, around April 14, 201, Defendant A established “G” located in Seosan City and issued the registration certificate of a brokerage office from the Seosan City, and Defendant A lent the said registration certificate of the brokerage office to B and C from September 201 to September 2012 and had B and C perform brokerage services.

2. No defendant B or C shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

Nevertheless, Defendant B and Defendant C conspired, from September 201 to September 201, 201, leased the registration certificate of a brokerage office from “G” as described in the foregoing paragraph (1) to “G” and provided brokerage services using the name and trade name of the above Party A.

Summary of Evidence

1. Each police interrogation protocol against the Defendants

1. Each police statement made to H and I;

1. Application of a copy of a complaint, or a copy of a sales contract;

1. Article 49(1)7 and Article 19(1)9(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 11866, Jun. 4, 2013); Defendant B, and Defendant C: Each of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act; Articles 49(1)7 and 19(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Article 30 of the Criminal Act; selection of fines;

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

1. The Defendants’ assertion on the assertion by the Defendants under Article 334(1) of the Criminal Procedure Act are mostly using the “G” established by Defendant A (hereinafter “G real estate”), but Defendant B and 34(1).