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(영문) 대구지방법원 상주지원 2012.10.23 2012고정154
공인중개사의업무및부동산거래신고에관한법률
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the registration authority having jurisdiction over the area in which he/she intends to establish a brokerage office, but the defendant, from around December 2008 to December 2, 201, performed the brokerage business without registering the establishment with the registration authority at the registration authority office of a licensed real estate agent office in

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. A copy of the name tag [it can be sufficiently recognized that the defendant's confession statement made at the prosecutor's office with particularly reliable circumstances, as well as whether a broker has been engaged in brokerage business is determined in accordance with ordinary social norms by comprehensively taking into account various circumstances, such as the continuity of the brokerage act, the existence of business nature, etc., and the purpose, size, recovery period, and attitude of such act, and if a broker has been conducted with an intention to continue brokerage, it is also applicable even if one of the parties to the transaction was conducted one time, and it is not different even if the broker was received only from one of the parties to the transaction (see, e.g., Supreme Court Decisions 2004Do1080, Apr. 27, 2004; 2005Do6851, Jan. 13, 206). Application of the law to the defendant's brokerage business in consideration of the circumstances, purpose, mode, mode, intention, etc. of the defendant's brokerage act indicated in evidence];

1. Article 48 of the relevant Act and Articles 48 and 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting the crime, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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