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(영문) 의정부지방법원 고양지원 2012.12.07 2012고정1168
공인중개사의업무및부동산거래신고에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a broker who operates E Licensed Real Estate Agent at the time of strike, Defendant B is a person who works in the above E Licensed Real Estate Agent Office, and Defendant C is a person who operates the building office with the trade name of “F” at the same address.

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, on December 8, 2011, the Defendant had Defendant B and C use the trade name and seal he/she registered in the F Office in performing the brokerage business of arranging a commercial lease agreement with I with regard to H 1694 square meters at the time of Pakistan owned by G.

2. No defendant B or C shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration by transfer or lease;

Nevertheless, Defendant B and Defendant C conspired with each other to arrange the above commercial lease contract at the same time and place, using Defendant A’s name and trade name, and conducting unregistered real estate brokerage business.

Summary of Evidence

1. Defendants’ partial statement

1. A witness I and each legal statement in G;

1. Application of monthly rent contract, and a description of confirmation of object of brokerage Acts and subordinate statutes;

1. Defendant A of the relevant law on criminal facts: Articles 49 (1) 7 and 19 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Defendant B and C of fine: Articles 49 (1) 7 and 19 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and Selection of fine;

1. Defendants to be suspended from sentence: Fine of 700,000 won; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. The Defendants of suspended sentence shall be taken into account the circumstances leading to the instant crime under Article 59(1) of the Criminal Act.

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