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(영문) 서울서부지방법원 2016.04.08 2016고정86

공인중개사의업무및부동산거래신고에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a brokerage business without registration shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office;

Nevertheless, on April 28, 2014, without registering the establishment of a brokerage office, the Defendant: (a) mediated the conclusion of a lease agreement with respect to a pharmacy F, Eunpyeong-gu, Seoul, No. 105 with D and three others and E in Eunpyeong-gu Seoul, and received KRW 5 million from E as a brokerage commission.

Accordingly, the defendant was engaged in brokerage business without registering the establishment of a brokerage office.

2. No person, other than a broker, who advertises the object of brokerage, shall advertise the object of brokerage;

Although Defendant is not a broker, the trade name “G” around April 25, 2014 to engage in brokerage business is “G,” and the name “G,” “Dr.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.r.,

On May 26, 2014, on the Internet, a notice was posted on the name of “G” in the name of “G” and was advertised to indicate the object of brokerage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 48 Subparag. 1 and Article 9(1) of the Act on Certified Judicial Brokerage for Criminal Facts (the point of a unregistered brokerage business); Article 49(1)6-2 and Article 18-2(2) of the former Act on Certified Judicial Brokerage for Criminal Facts (amended by Act No. 12374, Jan. 28, 2014) (the point of a advertisement for the object of brokerage) on the duties of each of the former Certified Judicial Broker and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014); the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;