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(영문) 부산지방법원 동부지원 2015.10.12 2015고정167
공인중개사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent, and Defendant B operated D in Suwon-gu, Busan from November 30, 201 to June 30, 2012.

1. No defendant A 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, Defendant A received KRW 300,000 per month from November 30, 201 to June 30, 2012 from B, and had B render brokerage services using his/her name.

2. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or borrowing the certificate;

Nevertheless, Defendant B paid KRW 300,000 per month to A from November 30, 201 to June 30, 2012, and rendered brokerage services using the name of A.

Summary of Evidence

1. Part of the statements made by the Defendants in this Act

1. Statement of each protocol of examination of suspect regarding E and F prepared by the police;

1. Statement of investigation report prepared by the police;

1. Application of the Acts and subordinate statutes stated in a copy of a sales contract of single house (Evidence No. 23), a brokerage office registration certificate (Evidence No. 89), and a licensed real estate agent qualification certificate (Evidence No. 90 pages);

1. Article 49(1)7 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014) and Article 19(1)2 of the former Enforcement Decree of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014): The latter part of Article 49(1)7 of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014)

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

1. The Criminal Procedure Act shall each apply to the provisional payment order;

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