beta
(영문) 수원지방법원 안산지원 2013.06.21 2013고정330

공인중개사의업무및부동산거래신고에관한법률위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by transfer or borrowing, and no broker shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person.

Nevertheless, around December 27, 2010, Defendant B rendered brokerage services using another person’s trade name, such as the seller’s trade name, and the name of the real estate agent’s office and the name of the Defendant B, in mediating a sales contract between G and the relatives’ association, the seller of the five-story building located in Silung-si. In doing so, Defendant B, a real estate broker, using the trade name of the “E Licensed Real Estate Agent Office” and the name of the buyer, and Defendant B. As such, Defendant A had Defendant B perform brokerage services using the trade name of the “E Licensed Real Estate Agent Office.”

Summary of Evidence

1. Legal statement of the witness H;

1. An interrogation protocol of the prosecution against I (including the part of J, K, G, L, and H substitute);

1. Statement by the police concerning L (including H’s statement);

1. Application of Acts and subordinate statutes to a name box (record No. 21), a commercial building sales contract, and a list of savings deposit transactions (record No. 455 et al.);

1. Article 49 (1) 7 and Article 19 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting an offense, and the selection of fines, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;