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(영문) 창원지방법원 마산지원 2017.11.07 2017고단858
공인중개사법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to run brokerage business shall register the establishment of a brokerage office with a registration office having jurisdiction over an area which intends to establish a brokerage office under the conditions as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the Defendant, without registering the establishment of a brokerage office in the name of the Defendant, is at the C Authorized Agent Office working as a brokerage assistant for the Defendant, and around March 5, 2016, at the C Authorized Agent Office for the Defendant: (a) around KRW 50,000,000,000 for the purchase and sale of the land and buildings owned by the seller in the Haan-gun, Haan-gun, Chungcheongnam-gun, Haan-gun; (b) around March 15, 2016, upon receiving from the F, KRW 20,000,000 for the purchase and sale of the land and buildings owned by the seller in the Haan-gun, Haan-gun, Haan-gun; and (c) received from I, around July 19, 2016, KRW 1080,000 for the purchase and sale of the land and buildings owned by the seller in the Haan-gun, Haan-gun, a deposit of KRW 1008,00,000.

2. No person who is not an authorized broker shall use the name of an authorized broker or similar name.

Despite the fact that the Defendant is not a certified broker, the Defendant, at the said C Authorized Broker Office on March 5, 2016, provided that around July 19, 2016, the name of the certified broker “C Authorized Broker A” as “C Authorized Broker A,” written in the column of the contract, and used the name of the certified broker as “C Authorized Broker A,” respectively, while mediating a sales contract, etc. for the land and buildings located in the Haan-gun, Haan-gun, Haan-gun, Haan-gun, and around August 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A P statement;

1. Application of statutes on a copy of each real estate transaction contract;

1. Criminal facts;

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