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(영문) 대구지방법원 2018.07.13 2018고정497

공인중개사법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was a broker who registered with D A's authorized brokerage office in Busan City, and Defendant B was a broker who had worked as a broker assistant for the above office.

1. Defendant B

(a) No person shall take over or borrow another person's certificate of authorized broker or registration certificate of a brokerage office from another person;

Nevertheless, on March 14, 2017, the Defendant agreed to distribute profits while operating the real estate A and the above real estate in the form of a trade, and arranged a contract to sell the F Studio building Fudio in the Myeong-si owned by E in the amount of KRW 590,000,000 to G, and used the name of A and D certified broker office.

(b) not receive money or valuables in excess of the remuneration or actual cost under the rates of real estate brokerage remuneration prescribed by municipal ordinances, on any pretext, such as case, donation, etc.;

Nevertheless, on March 14, 2017, the Defendant, as an intermediary assistant, received 6,589,000 won (each 3,294,50 won), which exceeds the statutory limit of 5,271,200 won (each 2,635,600 won) from the seller and the buyer, as the intermediary assistant.

2. Defendant A

(a) No certified broker shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her certified brokerage broker qualification certificate and his/her brokerage office registration certificate to another person;

Nevertheless, on March 14, 2017, the Defendant, at the D Authorized Broker Office located in Busan Metropolitan City, had the Defendant conduct brokerage services using the name of the Defendant and the name of D Authorized Broker Office in order to mediate a contract under which B, which is the cause of mediation assistance, sells the F Studio building owned by E to G for KRW 590 million.9 billion.

(b) not receive money or valuables in excess of the remuneration or actual cost according to the rate of real estate brokerage remuneration prescribed by municipal ordinance on any pretext, such as case, donation, etc.;