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(영문) 대구지방법원 영덕지원 2013.08.07 2013고단100

공인중개사의업무및부동산거래신고에관한법률위반

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A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant set up a real estate development business office in the name of "C," and carried out a real estate brokerage business.

On February 15, 2011, the Defendant: (a) received a request for sale of 1,726 square meters in Yong-gun G from F to purchase and sell the same land from H; (b) received a request from H to purchase and sell a sales contract between F and H; (c) received KRW 2 million from F as an intermediary fee; and (d) operated real estate brokerage business on eight occasions from February 15, 201 to January 9, 2013, without being registered with the competent authority, as described in the separate crime list.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the accused;

1. Statement made by the police officer on I;

1. Application of each Act or subordinate statute to a report on investigation, data on deposits made by a suspect A, and a copy of each real estate sales contract;

1. Article 48 of the relevant Acts and subordinate statutes governing the facts constituting an offense, and subparagraph 1 of Article 48 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. The crime of this case’s reason for sentencing under Article 62(1) of the Criminal Act is against the legislative purpose of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, which contributes to the protection of people’s property rights by enhancing the public confidence of real estate brokers and establishing a fair real estate transaction order. The Defendant operates a real estate brokerage office for a period of up to two years from February 15, 201 to January 9, 2013 without registration, and operates the real estate brokerage office for a long period of time, and there are a lot of profits that the Defendant acquired at least 2,7160,000 brokerage commission from eight real estate brokers during the above period.

In addition, the defendant is against unregistered business from neighboring real estate brokers several times.