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(영문) 부산지방법원 서부지원 2018.09.19 2018고정524

공인중개사법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,00, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B and Defendant C are a certified broker who operates G-type brokerage office in Gangseo-gu Busan Metropolitan Government F, and Defendant C is a certified broker who operates the I-type brokerage office in Busan Metropolitan City H.

The Busan Gangseo-gu J, which is an applicable house of sale price, was a house that could not resell the status of being selected as the occupant of the house or arrange the resale for one year from the date of the conclusion of the first housing supply contract on July 18, 2016.

Defendant

C around September 2016, by introducing K, which purchased the right of sale restricted in resale at the above G A certified brokerage office, through Defendant B, and mediating the conclusion of the sales contract between K and L, Defendant C received KRW 500,000 as a fee, and Defendant B received KRW 1,00,000 as a fee.

As a result, Defendants were engaged in the business of buying and selling or exchanging certificates, etc. related to the sale or lease of real estate prohibited from transfer or brokerage, etc. under related statutes.

2. Defendant A is a certified broker who operates the N Authorized Brokerage Office located in Gangseo-gu Busan Metropolitan City M.

On November 2016, the Defendant received a request from L/O to purchase a limited resale right as described in paragraph (1) at the above N's certified brokerage office to request the former to sell it, and then arranged a sales contract between L/O, and received KRW 2,500,000 as a fee.

As a result, the Defendant acted as a broker or a business of trading or exchanging certificates, etc. related to the sale, lease, etc. of real estate prohibited from transfer, good offices, etc. under related statutes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect for the police against K or L;

1. Statement made by the police against theO;

1. Documents securing rights, apartment sale contract, investigation report (the results of analysis of suspect A and P mobile phone digital evidence) and J.