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(영문) 부산지방법원 2020.08.19 2020고단858

공인중개사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent authority, and shall not run the brokerage business using another person's name or trade name.

Nevertheless, on March 21, 2019, the Defendant, without registering the establishment with the competent authority, acts as a broker of a sales contract to sell one parcel of land and its ground building outside Busan-gun, Busan-gun, which is owned B, to D Co., Ltd. for KRW 9.20 million, and the same year.

5. Police Officers rendered brokerage services, such as preparing a sales contract between B and D, using the trade name of G Licensed Real Estate Agent Office established in F in the name of the G Licensed Real Estate Agent Office in Busan Dong-gu E and F.

Accordingly, the defendant operated a brokerage business without registering the establishment to the competent authorities, and operated a brokerage business using another person's name or trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes to a real estate sales contract, a real estate consulting contract, an electronic tax invoice, and a details of transactions for entry and departure;

1. Article 48 subparagraph 1 and 9 of the former Licensed Real Estate Agents Act (Law No. 14334), Articles 49 (1) 7 and 19 of the former Licensed Real Estate Agents Act (Act No. 1434), the choice of imprisonment with labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant is not qualified as a licensed real estate agent and has engaged in real estate business without registering the establishment of a service business from around 2013 because he/she is not qualified as a licensed real estate agent; that large amount of fees is collected from the parties to the transaction in excess of the amount of the legal fees prescribed by the Licensed Real Estate Agents Act; that the relevant Acts and subordinate statutes allow only the person who has passed the qualifying examination for licensed real estate agents to run a brokerage business