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(영문) 전주지방법원 2014.01.09 2013고단2363
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to operate brokerage business shall register the establishment of a brokerage office with the competent authority having jurisdiction over an area where he/she intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, but the defendant is not qualified as a licensed real estate

1. On September 4, 2012, the Defendant: (a) sold a seller’s land of 281 square meters and 119 square meters of land owned by D, E, Do-gun, Jeonju-gun, and Jeonju-gun-gun; (b) traded between D and G buyers; and (c) received KRW 2 million as a brokerage commission from G around the 8th day of the same month.

2. On September 15, 2012, the Defendant: (a) sold and sold the land of 1544 square meters in 1,544 square meters owned by H, the seller and the buyer of the Ha, who traded the land in the Buk-gun located in the Buk-gun located in the Buk-gun; and (b) received KRW 5 million from H under the pretext of the brokerage commission around that time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The G statement of each prosecutor's interrogation protocol against the accused;

1. Application of investigation reports (Submission of detailed statement of accounts, etc. of suspects), investigation reports (Submission of a sales contract which is a complaint) and statutes;

1. Relevant Article 48 of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (the primary criminal is the defendant, frequency of the crime, profit from the crime, etc.) and Articles 48 subparagraph 1 and 9 of the Act on the Report of Real Estate Transactions;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act argues that although the defendant had engaged in real estate brokerage as stated in the facts charged, he/she did not engage in brokerage business, which is subject to punishment.

The term "business of brokerage" in relation to real estate brokerage is a continuous business.

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