beta
(영문) 인천지방법원 2016.01.15 2015고정2423

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a certified broker who runs real estate brokerage business under the trade name of “A certified broker” in Incheon reinforced military C.

No certified broker of the opening business shall engage in direct transactions with the client or represent both parties to the transaction.

Nevertheless, the Defendant, at the above brokerage office around June 2014, received a request from D for the sale of Incheon-gun E and F land from D to sell the said land under the name of G. On August 28, 2014, the Defendant entered into a joint contract to purchase the said land in the name of G and H, and entered into a contract to purchase the said land in the name of G from D with respect to the said land in the name of G. On September 23, 2014, the Defendant completed the registration of transfer of each ownership with respect to the said land.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement made by the police with H;

1. Recording notes;

1. Application of Acts and subordinate statutes to written agreements;

1. Article 48 of the relevant Act and subparagraph 3 of Article 48 of the Act and Article 33 of the Act on the Private Participation in Judicial Brokerage of Criminal Facts and Selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The certified broker of the summary of the facts charged shall not make an error of judgement by the client by false words or other means concerning important matters relating to transaction of the object of brokerage;

Nevertheless, on August 28, 2014, the Defendant proposed that H jointly purchase the land of Incheon Strengthening Group E in the name of G and H in the said brokerage office around August 28, 2014, and that the fact was that the said G introduced G as its own wife even if it is not his/her spouse under the law, and subsequently, ordered D to enter into a joint contract to purchase the said land in the name of G and H.

2. Article 49(1)10, and Article 33 subparag. 4 of the Act on Certified Judicial Brokerage for Determination are with respect to important matters relating to the transaction of the object in question.