beta
(영문) 서울북부지방법원 2016.12.09 2016고정588

공인중개사법위반

Text

Defendant

A shall be punished by a fine of KRW 700,000,000, and by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a licensed real estate agent who has opened the business with the trade name of E Licensed Real Estate Agent Office in Gangnam-gu Seoul Metropolitan Government D1st floor.

No practicing licensed real estate agent shall allow another person to run brokerage business using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person.

Nevertheless, around March 2015, the Defendant agreed to receive 50% of the revenues except office rents and other fees from B at the above E Licensed Real Estate Agent Office and allowed B to conduct brokerage services using the trade name of E Licensed Real Estate Agent Office.

2. No person who provides brokerage services using another person's name or trade name, or who takes over or borrows another person's brokerage office registration certificate and uses it;

Nevertheless, around March 2015, the Defendant: (a) lent the trade name of E Licensed Real Estate Agent Office from A, a licensed real estate agent office; and (b) agreed to pay A 50% of its revenue, excluding office rents, and other fees; and (c) around July 29, 2015, at the above E Licensed Real Estate Agent Office’s Office, the Defendant traded multi-household G housing located in Gangnam-gu Seoul Metropolitan Government (F) with H as a broker.

Summary of Evidence

1. Defendant A’s legal statement

1. The witness A’s legal statement (with respect to the defendant B), the witness H and the I’s respective legal statement;

1. The part concerning Defendant B’s statement among the interrogation protocol of the police as to Defendant B

1. Written statements of J, H’s authenticity, and documents related to H’s statement;

1. A written accusation;

1. Application of the registration ledger of the real estate brokerage office, multi-household sales contract, certificate of mutual aid, and receipt Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49(1)7 and 19(1) of the Licensed Real Estate Agents Act;

B. Defendant B: Article 49(1)7 of the Licensed Real Estate Agent Act.