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(영문) 광주지방법원목포지원 2020.12.11 2019고단916

공인중개사법위반

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in 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, as prescribed by Ordinance

1. Around June 2014, the Defendant, at the “B” website, agreed on the terms and conditions of the lease by negotiating with E, the owner of a building in wooden City D, which was entrusted by the Defendant to intermediate the lease of the pharmacy from this C, and subsequently, agreed on the terms and conditions of the lease.

7. On July 28, 2014, at the former convenience store of G Hospital located in F in Sinpo City, to enter into a lease contract of KRW 290,000,000, monthly rent of KRW 350,000 with respect to the building and directly prepare a lease contract. From July 28, 2014 to August 25, 2014, C was paid KRW 50,000,000 in total three times as a brokerage commission.

Accordingly, the defendant runs the brokerage business without registering the establishment of the brokerage office.

2. On October 2017, at the “B” site, the Defendant: (a) requested from this H to arrange for the lease of a pharmacy; (b) set the terms and conditions of the lease by negotiating with E to the building owned by the Defendant as described in the preceding paragraph; and (c) around October 22, 201 of the same year, around October 2, 201, the Defendant directly arranged the lease agreement of KRW 290,000,000, monthly rent of KRW 4,200,000, monthly rent of KRW 25,000,000 as a brokerage commission, at the office of mutual influent licensed real estate agents located in Seo-gu, Seo-gu, Gwangju; and (d) received KRW 25,00,000 from H as a brokerage commission.

Accordingly, the defendant runs the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, C, and E;

1. As to the confirmation of the result of telephone financial transfer, the real estate lease contract, and the investigation report (as to the confirmation of the qualification certificate, etc. of the defendant's licensed real estate agent).