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(영문) 대구지방법원 경주지원 2018.01.24 2017고단206

공인중개사법위반

Text

Defendant

A Imprisonment with prison labor for ten months, and for six months, each of the defendants C shall be punished by imprisonment.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

(Defendant A, C)

1. Defendant A

(a) A person who intends to run a brokerage business of operation of a non-registered brokerage office shall register the establishment of the brokerage office with the competent authority;

Nevertheless, on February 26, 2015, the Defendant: (a) provided 13,00,000 won to K without registering the establishment of a brokerage office in the office of “H”; (b) provided 5,00,000 won with the brokerage commission; and (c) provided 14 mediations, such as the re-issuance of the attached Table of Crimes List (2); and (d) provided 97,30,000 won in total, as the brokerage commission.

(b) No person, other than an authorized broker using similar name, shall use the name of a certified architect or any similar name.

Nevertheless, from October 10, 2016 to November 1, 2016, the Defendant used the name "L A," which is similar to that of a certified broker, by producing and using the name "L certified broker A," at the L certified broker office as stated in paragraph (1) from October 10, 2016 to the first police officer.

2. A person who intends to run the brokerage business of defendant C shall register the establishment of a brokerage office with the competent authority.

Nevertheless, the Defendant, without registering the establishment of a brokerage office with the competent authority on September 20, 2016, operated a brokerage office with the trade name “(State) N” in the Northern-si M at Port on September 20, 2016, and received KRW 111,00,000 in total as a commission fee, from around that time to January 23, 2017, by arranging a contract for the sale of KRW 4,70,000 in the aggregate of the purchase price, and by receiving KRW 70,00,000 from the seller, etc. under the name of the broker fee.

Accordingly, the defendant operated a brokerage business without registering the establishment of a brokerage office to the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. V.