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(영문) 의정부지방법원 2013.12.30 2013고단3909

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person other than a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto;

On December 8, 2012, the Defendant, despite that it is not a licensed real estate agent, stated that the name, Defendant’s name, contact information, etc. of the above office, which was produced in advance at the C Licensed Real Estate Agent Office located in Gyeonggi-gun B, D representative director E.

Accordingly, the defendant used the name of the licensed real estate agent office even though he is not the broker.

2. A person who intends to run brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area that intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land,

Nevertheless, around December 11, 2012, the Defendant, at G office located in Gyeonggi-gun F of Gyeonggi-do, mediated a real estate sales contract to sell three lots of forest land and farmland (area 12,576 square meters) on three lots of land, such as Gyeonggi-gu I, Gyeonggi-do, Gyeonggi-do, to D Co., Ltd. for KRW 710,000,000, and received KRW 10,000 as a brokerage commission.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. Second instance prosecutor's protocol of interrogation of the accused (including the interrogation and the part of the court's statement);

1. Each police protocol of statement of K, E, and L;

1. Investigation report (Search and investigation around the office of a licensed real estate agent);

1. Application of Acts and subordinate statutes to a real estate sales contract, a letter of commitment, a letter of name, and a copy of receipt;

1. Article 48 of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; Articles 48 and 9 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; Articles 49 (1) 2 and 8 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; and Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.