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(영문) 서울남부지방법원 2014.10.01 2014고정1704

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No licensed real estate agent shall allow another person to render brokerage services using his name, or transfer or lend his licensed real estate agent's license to another person.

The Defendant agreed to establish a licensed real estate agent office in the name of the Defendant between B and B without qualification as a licensed real estate agent, to bear the lease deposit, to take charge of auction, and to manage the brokerage commission and to divide the profits from the deduction of office operating expenses.

On February 21, 2013, the Defendant established a licensed real estate agent office in Guro-gu Seoul Metropolitan Government, Guro-gu, and had B act as a broker for the lease of real estate under his own name, such as transfer of monthly rent.

Summary of Evidence

1. Legal statement of witness E;

1. Some statements in the police interrogation protocol concerning the accused and the B;

1. A's factual confirmation;

1. Written accusation (E);

1. Application of Acts and subordinate statutes to each real estate lease agreement (affort 14, 15, 16 pages);

1. Article 49(1)1 and Article 7(1) of the Act on Business Affairs of, and Report on, Real Estate Transactions by, the former Licensed Real Estate Agent and Report of Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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