beta
(영문) 서울북부지방법원 2013.03.19 2013고정551

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who is not a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto;

On January 2010, the Defendant used the name similar to that of the licensed real estate agent in the D Licensed Real Estate Agent Office located in Gangnam-gu Seoul Metropolitan Government, which was a real estate agent for the purchase and sale of “G land E, F,” and “D real estate representative A” in the D Licensed Real Estate Agent Office located in Gangnam-gu, Seoul.

(b) A person who intends to run a real estate brokerage business shall carry on the brokerage business after registering the establishment of a brokerage office to the registration authority;

Nevertheless, the Defendant without registering the establishment of a brokerage office, and around March 25, 2010, at the J office located in Gangnam-gu Seoul Metropolitan Government I, the Defendant mediated a contract for the sale of the said “Gangbuk-gu E, F, and G land” in KRW 9.39 billion at the J office located in Gangnam-gu Seoul Metropolitan Government, and received KRW 10 million at the buyer’s commission.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

2. No defendant B shall have his/her brokerage assistant use the name similar to that of a licensed real estate agent with respect to the brokerage business unless the brokerage assistant is a licensed real estate agent;

From September 24, 2009 to December 1, 2010, the Defendant registered the establishment of a licensed real estate agent office with the Gangnam-gu Office, and worked as the representative broker of the D Licensed Real Estate Agent Office in Gangnam-gu Seoul Metropolitan Government as a broker at D Licensed Real Estate Agent Office. A, who is not a licensed real estate agent, worked as the above D Licensed Real Estate Agent Office on January 2010, performed the trade brokerage of "Gangbuk-gu E, F and G Land" while serving as the broker at D Licensed Real Estate Agent Office, and made H, who was the buyer, used the name "D Real Estate Representative A" similar to the licensed real estate agent.

Accordingly, the defendant, as a broker, had his/her brokerage assistant use the name similar to that of a licensed real estate agent, not a licensed real estate agent.

b)a summary of the evidence;