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(영문) 제주지방법원 2013.10.18 2013고단1119

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to run a brokerage business on land, buildings, and other fixtures on land must register the establishment of a brokerage office with the head of the competent Si/Gun/Gu, but the defendant, without registering the establishment of the brokerage office on January 4, 2013, in the office of the "D" office of the elderly medical care institution for the operation of the C, located in the Jeju-si, and in the Jeju-si, the defendant arranged a sales contract for ten parcels of land, such as the E 1,805 square meters of forest land, E in the Jeju-si, the seller, and one other than the F, the buyer, with the purchase price of KRW 751,915,50,000, as a sales commission, and operated the brokerage business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of a copy of a sales contract;

1. Relevant Article 48 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Selection of a fine; Article 9 (1) of the Act on Business Affairs of Licensed Real Estate Agents;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the facts of crime are recognized and reflected, the registration under the law is completed in the future, and the business is operated lawfully (Article 10 subparag. 5 of the Act). If a suspended sentence of imprisonment without prison labor or any heavier punishment is sentenced, registration of establishment of a brokerage office cannot be made during the suspended sentence period. Considering the above circumstances, it is impossible to register the establishment of a brokerage office during the suspended sentence period. Considering the above circumstances, it is unfavorable that there is no same criminal record: Other circumstances that are disadvantageous in light of the legislative intent and regulatory contents of the Act, and the amount of brokerage commission received by the defendant: The case is not easy: The circumstances after the crime (such as how C demands the return of service charges, etc.), the defendant's occupation, and the