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(영문) 의정부지방법원 2016.06.23 2015노2765
공인중개사의업무및부동산거래신고에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

The defendant, as to the summary of the grounds for appeal, was in the lessor status of the office of the certified broker of this case, and only lent the bank account under the name of the defendant to the J, and did not work as a broker assistant of the office of the certified broker of this case, or did not act as a broker for the transfer of each right of lease

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

The punishment sentenced by the court below to the defendant (two years of suspended sentence in October, and one hundred and twenty hours of community service order) is too unreasonable.

Judgment

In full view of the following circumstances found by the evidence duly adopted and investigated by the lower court, the lower court acknowledged the fact that the Defendant, in collusion with the J, engaged in the brokerage business without registering the establishment of a brokerage office, acting as a broker for the transfer of each of the rights of lease and the sale of each of the rights of lease certificates in this case.

Therefore, the defendant's above assertion is without merit.

In the case of Pakistan-si, a certified broker office of the instant case, the ownership of the Defendant (the lower court determined that the Defendant leased the office of the certified broker office of the instant case under his name).

A. At the time of the investigation conducted by the police, R denied the fact that it leased the official seal certificate to the J and the Defendant, but the Prosecutor reversed it at the time of the investigation conducted by the Prosecutor, and the J and the Defendant served as the official seal broker office of this case, and he said that, if he lent the certificate to the principal, the amount of KRW 20,000 per month.

around May 15, 2012, the J and the Defendant drafted a commercial building lease agreement with the lessor, the lessee, the lessee (R), the deposit amount of KRW 20 million, and the monthly rent of KRW 100,000,000 for an authorized broker office of the instant case, and the principal also submits the said commercial building lease agreement with the J and the Defendant for the viewing of the strike.

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