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(영문) 서울북부지방법원 2015.05.29 2015고정349

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to operate a brokerage business without registration shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office as prescribed by Ordinance of the Ministry

Nevertheless, the Defendant, without registering the establishment of a brokerage office to the head of Gangnam-gu, operated the brokerage office under the trade name of “D real estate” at the office located in Gangnam-gu Seoul Metropolitan Government from January 24, 2014 to May 21, 2014, and run the brokerage business, such as mediating the lease of 20,000 won below the monthly rent of 3 million won, and receiving 220,000 won under the name of the brokerage commission.

2. Any person other than a licensed real estate agent using similar title shall not use the name of licensed real estate agent or any other similar name.

Even if the Defendant is not a licensed real estate agent, he/she used the name similar to that of the licensed real estate agent by keeping and using a name tag A, stating that it is a licensed real estate agent office A, at the same time and place as the above Paragraph 1

Summary of Evidence

1. Partial statements of the police interrogation protocol No. 2 and 3 times against the defendant;

1. Statement to E by the police;

1. Related photographs, monthly rent contracts (suspects and building Week), and enforcement cards of the suspect under control;

1. Monthly rent contract which is submitted to the suspect (any article which is done as a broker with the non-case F);

1. Application of Acts and subordinate statutes to investigative reports (report on recording telephone conversations between the F counterpart for reference witness);

1. Relevant Article of the facts constituting an offense, subparagraph 1 of Article 48 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Articles 48 and 9, Article 49 (1) 2 and Article 8 of the Act on Report of Real Estate Transactions, and Selection of Fines;

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

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

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