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(영문) 대구지방법원 2016.06.22 2015고정2087

공인중개사의업무및부동산거래신고에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating a consulting office called "C" in Daegu Suwon-gu B, and D is a person who works as a brokerage assistant in the "F Real Estate" located in Daegu-gu, Daegu-gu, and G was a person who works as a brokerage assistant in the "I Authorized Agent" office located in H in the "Seoul-si, Chungcheongnam-gu, Seoul-si, and the J obtained a certificate of an authorized broker on December 10, 2007, but filed a report on the discontinuance of real estate brokerage business with the Sung-gu Office on June 26, 2012, and did not register the establishment of real estate brokerage business by May 2013.

No person other than an authorized broker shall file an application for registration of establishment of a brokerage office, and a person who intends to run the brokerage business shall file an application for registration of establishment of a brokerage office with the competent authority.

Nevertheless, in collusion with D, G, and J on September 12, 2012, the Defendant: (a) did not register the L office located in Cheongdo-gun, Cheongdo-gun; (b) did not register the establishment with the competent authority; (c) did not enter into a sales contract for two parcels of forest land between the seller’s M and N; (d) the Defendant received KRW 25,000,000 from the buyer’s P representing the seller’s M to the brokerage commission; (c) collected KRW 15,00,000 from the buyer’s P to the brokerage commission; (d) collected KRW 1,00,000,000 from N to the buyer’s brokerage commission; (e) collected KRW 10,000,000 from the buyer’s sales agent to the buyer’s sales agent fee; and (e) collected KRW 00,000 from N to the buyer’s sales agent commission; and (e) received KRW 200,000 from N.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Legal statement of the witness M;

1. A protocol concerning the examination of the suspect of the defendant, J or D by the prosecution;

1. Each prosecutor's examination protocol concerning P (No. 25, 38 No. 5 of the evidence list);

1. Statement made by the Prosecution with respect to N.