공인중개사법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
A person who intends to run a brokerage business shall register the establishment of a brokerage office with a registry office having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land,
The Defendant, as a person operating a real estate consulting office in B, “C” in the name of “Y,” around May 2013, received a request from D for the sale and purchase of “Ycheon-si E Forest, E” owned by D, and received the payment of KRW 60 million from D, under the pretext of the commission, for a sales contract to sell the said forest from “G attorney-at-law office” located in “Ycheon-si, E-si, E-si, Gyeonggi-si, E-si, and for the sale of the said forest to H, around March 17, 2015.
Accordingly, the Defendant run real estate brokerage business without registering the establishment of a brokerage office in the registry office.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Report on investigation;
1. Application of Acts and subordinate statutes to verify the details of consultation and transactions;
1. Article applicable to the facts constituting an offense, and Article 48 Subparag. 1 and Article 9 of the Act on the Business Affairs of, and Report on Real Estate Transactions (Amended by Act No. 14334, Dec. 2, 2016) concerning, the former Authorized Broker for the Selection of Punishment, Etc.
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined by comprehensively taking into account the unfavorable circumstances, such as the circumstances in which the defendant, who suffered a significant benefit from the instant unregistered brokerage act, and favorable circumstances, such as the circumstance in which the defendant has no criminal history, etc