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(영문) 대구지방법원 포항지원 2017.11.29 2017고정450

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is a cause of assisting in brokerage belonging to the “C brokerage office” located in North Korea-Gu B at port.

No authorized broker, etc. for commencement of the business (a certified broker for commencement of the business, a affiliated certified broker, a brokerage assistant, or an executive officer of a private corporation for commencement of the business) shall engage in direct transactions with the client.

Nevertheless, on December 14, 2015, the Defendant: (a) requested that D sell Ma (7,560 square meters), F (7,558 square meters), G (7,558 square meters), H (975 square meters), and I (787 square meters) in the said C brokerage office; (b) entered into a contract to purchase the said land in the name of the Defendant with a total purchase price of KRW 1.43 billion on January 14, 2016; (c) around January 19, 2016, the Defendant entered into a contract with the broker to purchase the said land in the name of the Defendant with a transfer registration under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J or D;

1. Application of the statutes on real estate sale contract;

1. Article 48 Subparag. 3 of the relevant Act and Article 33 Subparag. 6 of the former Authorized Brokerage Act (Amended by Act No. 14334, Dec. 2, 2016) concerning criminal facts (amended by Act No. 1434, Dec. 2, 2016)

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

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