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(영문) 부산지방법원 2015.04.08 2014고정5461

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

No person shall take over or borrow and use another person's certificate of qualification for licensed real estate agent.

From September 3, 2013 to January 17, 2014, the Defendant, without a licensed real estate agent qualification, leased the above office at the office of the first floor “D Real Estate” office located in Busan Seo-gu, Busan, to bear KRW 6.50,00 won and office management expenses, and the Defendant, a licensed real estate agent, appointed E and the Defendant, by acting as a broker in the name of E and acting as a broker, agreed to mediate the building of the commercial building and to have profits from mediating the building of the non-commercial building. On November 29, 2013, the Defendant received KRW 3 million from the above F, as a brokerage commission, to sell the “one-story commercial building located in Busan Seo-gu, Busan, which is a buyer.”

The Defendant leased and used E’s licensed real estate agent qualification certificate as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on a commercial sales contract;

1. Article 49 (1) 1 and Article 7 (2) of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (wholly amended by Act No. 12374, Jan. 28, 2014) concerning facts constituting an offense;

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;