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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3168

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

Any person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent authority.

Nevertheless, the Defendant, at the office of “E real estate” located in Kimpo-si, Kimpo-si, around April 9, 2012, arranged a sales contract of KRW 40,000,000,000 from F as an intermediary fee, and received KRW 20,000,000 from F as an intermediary fee, on the same place, with respect to the total size of KRW 6,093 square meters, which is the F-owned, between F and G, without registering the establishment of a brokerage office with the competent authority.

Accordingly, the defendant runs the real estate brokerage business without registering the establishment of a brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as filing of a complaint, filing of a title of real estate (A), and a copy of land transaction contract;

1. Article 48 Subparag. 1 and Article 9 of the Act on the Business Affairs of Certified Brokerage and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Public Brokerage Act”); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.