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(영문) 광주지방법원 2020.08.20 2020고정511

주택법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in brokerage business shall register the establishment of a brokerage office to the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office as prescribed by Ordinance of the Ministry

In addition, no one may resell the status of being selected as an occupant of a house constructed and supplied in an overheated speculative district and the status of being selected as an occupant of such house, or mediate the resale thereof before the period prescribed by Presidential Decree expires.

Since August 30, 2016, it was prohibited from resale of the right of sale for one year from August 30, 2016, on which the upper limit price for selling prices can be applied to the Nam-gu apartment house B.

The defendant did not obtain the qualification certificate of licensed real estate agent, did not register the establishment of a brokerage office, and around November 2016, the defendant was working as a brokerage assistant of licensed real estate agent C for about one month.

On November 07, 2016, the Defendant arranged the process by which G (sale winner) receives cash 20 million won from H (final buyer) at a coffee shop near the F University located in Gwangju-dong-gu, Gwangju-gu, and received one million won brokerage commission from G.

Therefore, although the defendant is a house subject to the upper price ceiling system, he/she arranged the status of being selected as an occupant or the resale of a house in violation of this system, and operates a brokerage business without registering the establishment of an authorized intermediary office.

Summary of Evidence

1. The application of the defendant's legal statement G, the police's protocol of interrogation of each police suspect H of the police suspect I to sell the right to sell, the certificate of completion of report on real estate transaction contract in the purchaser's list, and the registration ledger of real estate offices in his/her financial transactions

1. Article 101 Subparag. 2 of the former Housing Act (amended by Act No. 16006, Dec. 18, 2018); Articles 64(1) and 64(1) of the Licensed Real Estate Agents Act regarding criminal facts.