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(영문) 전주지방법원 2017.09.26 2017고정552

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a certified brokerage agent who operates the "CA certified brokerage office" in the Jeonjin-gu Seoul Metropolitan Government B.

No certified broker of the opening business shall conduct direct transactions with clients or act as an agent for both parties to the transaction.

Nevertheless, around November 14, 2016, the Defendant received a request from D for a trade brokerage of 1207 square meters of land located in the Donju-gun E prior to the ownership of the Defendant at the above public brokerage office, but instead does not mediate it, and the Defendant directly purchased 1/2 of the land subject to the said request for brokerage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. G statements;

1. Application of Acts and subordinate statutes to a report on real estate transactions and a financial transaction statement;

1. Article 48 of the relevant Act and subparagraph 3 of Article 48 of the Act and Article 33 of the Act on the Private Participation in Judicial Brokerage of Criminal Facts and Selection of a fine for negligence;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case is an unfavorable circumstance to the Defendant, in light of the purport of the same law and regulations that a private person, who is an authorized intermediary, purchases land as the purchaser of the subject matter requested in violation of the relevant provisions of the public brokerage law closely related to his/her duties, and seeks to restrain real estate speculation by illegally resale, etc., the fact that the content of the violation is not significant. On October 10, 2013, the Daejeon District Court has employed a brokerage assistant at Daejeon District Court for the use of a name similar to that of the certified brokerage agent, which is similar to that of the certified brokerage agent, and again commits a crime related to his/her duties, even though the Defendant was punished for a violation of

However, the fact that the defendant recognizes the facts of the crime of this case and that it does not seem to have purchased the land of this case for speculation purposes (it is highly likely to be purchased to create a family cemetery) are favorable to the defendant.