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(영문) 제주지방법원 2015.06.12 2015고정380
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B During the period from April 21, 2014 to November 11, 2014, B was a person who worked as a brokerage assistant to the office of “E Licensed Real Estate Agent” located in D in Seogposi, and Defendant A is a licensed real estate agent who runs the above licensed real estate agent office from December 24, 2013 to December 24, 2013.

1. No defendant B shall conduct a direct transaction with the client or represent both parties to the transaction;

Nevertheless, on April 25, 2014, Defendant B introduced Nonparty G in relation to the purchase and sale of land, and Defendant B delegated Nonparty G with the sale of the land under the name of Nonparty G, which is the name of Nonparty G, ① H (forest land 1,806m2), ② I (forest forest 1,947m2), ③ J (forest 940m2), ④ K (forest 2,389m2), ⑤ L (forest 2,389m2), ⑤ M (forest 1,765m2), and Nonparty G introduced the Defendant as a broker.

However, on April 28, 2014, Defendant B, a brokerage assistant of a licensed real estate agent, whose brokerage is requested on April 28, 2014, is KRW 15 million as down payment for the purpose of selling and selling the said real estate, and the same year.

5.2. Fully transfers 65 million won to the complainant as part payments.

Accordingly, Defendant B, a broker assistant of the licensed real estate agent, made direct transactions with the client.

2. Defendant A was aware of the fact that Defendant B, a brokerage assistant to which he belongs, was engaged in direct transaction with the client for the purchase and sale of land.

However, Defendant A neglected to exercise due care and supervision over this.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. A copy of a real estate sales contract (F-B);

1. A screen picture to output the land administration system (data concerning the current status of the licensed real estate agent office);

1. Details of transactions in national bank accounts;

1. Application of Acts and subordinate statutes to investigation reports (the details of telephone conversations betweenG parties);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: the business of the former licensed real estate agent and his business.

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