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(영문) 서울북부지방법원 2019.01.10 2017고단3056
공인중개사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On December 26, 2016, the Defendant was indicted for a non-detained crime to the District Court of Jung-gu and is currently pending trial.

【Criminal Facts】

A person who intends to run a brokerage business shall register the establishment of a brokerage office as prescribed by Acts and subordinate statutes, and shall not run the brokerage business without the registration of the establishment of the brokerage office.

Nevertheless, the Defendant, without registering the establishment of a brokerage office around June 12, 2015, arranged the sales contract between D Co., Ltd. and E with respect to B building Nos. 160 million won for the sales price in the sales office of Dobong-gu Seoul Metropolitan Government, and received KRW 5,00,000 on the same day from the buyer as a commission for the brokerage of the above officetel.

In addition, the Defendant received fees of KRW 47,000,000 from buyers in total eight times in the same manner as the attached crime list between around that time and December 24, 2015, and KRW 6,720,50 from seller D Co., Ltd. in total.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement concerning F;

1. A complaint;

1. Recording notes, recording and investigation reports (real estate information of the Dobong-gu Office and hearing reports on telephone statements by persons in charge);

1. Determination as to the Defendant’s assertion of aggregate sheet of contract content, payment statement, contract for sale in lots, and contract for the completion of building B

1. The alleged defendant shall not be deemed to have arranged for acquisition, loss, and transfer of a right to purchase and sale by not directly involved in the sales contract.

The defendant shall not be deemed an act of brokerage prescribed by the Licensed Real Estate Agents Act, because he/she belongs to the sales team of a parcelling-out company.

2. The “mediation” under the Licensed Real Estate Agents Act is the Licensed Real Estate Agents Act.

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