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(영문) 대구지방법원 서부지원 2018.03.27 2017고정597

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to run a real estate brokerage business shall file a registration of the establishment of a brokerage office with the competent authority, and shall not run the brokerage business without filing a registration of the establishment of the brokerage office.

Nevertheless, from September 15, 2014 to December 14, 2014, the Defendant: (a) provided real estate brokerage services between C and (b)E to conclude a purchase and sale contract or cemetery transfer contract with the purchaser (ju) regarding the land owned by C; (b) around September 27, 2014; (c) KRW 10 million around October 6, 2014; and (d) provided brokerage services without registering the transfer of the said real estate; (d) KRW 1.2 million around October 6, 2014; and (e) KRW 10 million around October 14, 2014; and (e) KRW 5,565,00 won around December 14, 2014; and (e) KRW 4 times as a brokerage fee for the sale and purchase of the said real estate. < Amended by Act No. 12838, Oct. 5, 2014; Act No. 12565, Oct. 14, 2014>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, each written agreement, a detailed statement of deposit, a judgment rendered at the Busan District Court's improper benefit, a retirement certificate, and a real estate sales contract;

1. The content of each text conversation, each Kakao Stockholm conversation content, and the application of each record record statute;

1. Article 48 Subparag. 1 of the former Authorized Judicial Brokerage Act (amended by Act No. 14334, Dec. 2, 2016); Article 9 of the former Authorized Judicial Brokerage Act on criminal facts; and the selection of fines, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;