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(영문) 서울남부지방법원 2014.04.08 2014고정209

공인중개사의업무및부동산거래신고에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutually agreed job placement office.

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

Nevertheless, the Defendant did not make such registration of establishment as above, and around July 13, 201, at a cafeteria or a restaurant in Seocho-gu Seoul Metropolitan Government D Building Underground Egypt or a restaurant in Seocho-gu, Seoul, the Defendant mediated a real estate lease agreement between the lessor F and G lessees and received a brokerage commission of five million won.

Accordingly, the defendant is running brokerage business without registering the establishment of a brokerage office to the head of the relevant administrative agency.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement related to H and G;

1. A complaint filed by the F;

1. The defendant's assertion on the copy of the real estate lease contract and the copy of the certificate was introduced by him/her to F who operates Mana, and the defendant voluntarily concluded a lease contract between F and Minna, but the defendant was only involved in the above lease contract as a witness, so he/she did not have any real estate brokerage. However, according to the evidence of the above, the defendant himself/herself prepared a lease contract, entered his/her name as a witness in the lease contract, and explained his/her name as a witness in G and F on various contract terms such as contract articles, contract deposit, contract deposit, etc., and the defendant presented his/her seal to G and F, and the fact that the defendant received fees from F and G was recognized, so it is reasonable to view that the defendant had mediated the lease contract between F and G as a broker for Minna, and therefore, the above argument by the defendant is not accepted.

Application of Statutes

1. Criminal facts;