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(영문) 대구지방법원 2016.02.17 2015고정1967

공인중개사법위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is an authorized broker of the “E brokerage office” located in Daegu-gu D, and Defendant A is a person who has been reported as an assistant of the said brokerage office from January 17, 2014.

1. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

From October 5, 2014, the Defendant: (a) paid 20% of the brokerage commission to B at the above E brokerage office; (b) made use of the name and trade name of B, thereby making use of the name and trade name of B, selling “Hel” owned by G in Daegu Seo-gu for KRW 3.12 billion to I.

Accordingly, the defendant used the name and trade name of B to render brokerage services.

2. No certified broker for defendant B's commencement of business shall allow any other person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to any other person;

From October 5, 2014, the Defendant received 20% of the brokerage commission as described in the preceding paragraph from A, and had A mediate real estate sale and purchase as described in the preceding paragraph.

Accordingly, the defendant allowed A to render brokerage services using his/her name and trade name.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A witness I and each legal statement in G;

1. Investigation report (to listen to the statement by the staff in charge of the real estate industry for traffic of national land);

1. The franchise trade contract;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 49(1)7 and Article 19(2) (excluding punishment) of the Certified Judicial Brokerage Act;

B. Defendant B: Article 49(1)7 and Article 19(1) of the Certified Judicial Brokerage Act (excluding punishment)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act and Defendants.