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(영문) 창원지방법원 2014.10.17 2014고정896

공인중개사의업무및부동산거래신고에관한법률위반

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 was dismissed on April 9, 2014 while working as a brokerage assistant at Creal estate brokerage office located in Kimhae-si, and the said brokerage office reported the closure of business on April 17, 2014.

1. A person who intends to operate brokerage business 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;

Nevertheless, on April 23, 2014, the Defendant, without registering the establishment with the registration authority, mediated the real estate lease agreement with the lessor D, lessee D, and lessee E (agentF) in the above brokerage office.

2. No one shall indicate or advertise any object of brokerage for carrying on brokerage business, who is not a broker;

Nevertheless, around April 20, 2014, the Defendant was not a broker, but indicated and advertised the object of brokerage by attaching the phrase “studio, studio, 200 to 200 to 200 to 200 to 200 to 200, a new grass option, and an immediate occupancy thereof,” to run a brokerage business.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. A civil petition, copy of a real estate lease contract, leaflet, photograph, or the registration ledger of a real estate brokerage office;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 48 Subparag. 1 and Article 9 of the Act on Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply), Articles 49 (1) 6-2 and 18-2 (2) of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply), each of the fines for negligence

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

3. The Criminal Act for the detention of a workhouse;