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Defendant
A and C shall be punished by a fine of one million won, and each of the defendants B shall be punished by a fine of six million won.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A Licensed Real Estate Agent, Defendant B is the actual operator of the E Licensed Real Estate Agent Office, and Defendant C is the brokerage assistant belonging to the E Licensed Real Estate Agent Office.
1. Prohibition of lending a brokerage office registration certificate;
A. Defendant B: (a) around October 30, 2012, at the office of the E Licensed Real Estate Agent in Busan Metropolitan Government F, no one would engage in brokerage services using another person’s name or trade name; (b) using the name of the broker A, H and I arranged to enter into a sales contract for the building and land located in Busan Dong-gu G amounting to KRW 425 million.
B. On October 30, 2012, Defendant A, at the office of the E Licensed Real Estate Agent, had B act as a broker using his/her name or trade name, and had B act as a broker in the name of the broker, although the broker was prohibited from allowing another person to engage in brokerage business using his/her name or trade name.
2. On October 2012, Defendant C violated the broker’s prohibited acts against Defendant C and B, at the office of E Licensed Real Estate Agent E in Staff, requested to identify the building that is able to engage in studio rental business from H. Upon receipt of a request, Defendant B introduced the building located in G in the Busan Dong-gu, Busan, which I owned, to H upon delivery of the said request.
In fact, the above building was used as a studio by remodeling construction for accommodation facilities (inn) in 2010, but it was illegal building without obtaining permission for change of use from the competent administrative agency, and it was not possible to operate a studio rental business without obtaining permission for change of use.
Nevertheless, Defendant C and B explained to the effect that “There is no problem in the rental business for studio” with respect to the possibility of use according to the buyer’s transaction purpose, which is an important factor in the transaction of the object of brokerage, and there is no problem such as administrative regulation, when the client purchases the above building and operates studio rental business.