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(영문) 부산지방법원 2020.08.12 2020고정658
공인중개사법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B is a practicing licensed real estate agent who operates the "D Licensed Real Estate Agent Office" in Busan-gu C and 3, and the defendant is a brokerage assistant of the above licensed real estate agent office.

1. No person who commits the joint crime with E shall render brokerage services using the name or trade name of another person;

Nevertheless, on August 11, 2017, the Defendant, in collusion with E, used the name of “D Licensed Real Estate Agent Office”, “D Licensed Real Estate Agent Office” and the name of its representative B, thereby mediating the Htel I lease agreement between HtelF and G lessees.

2. The single criminal defendant shall not render brokerage services using the name or trade name of another person;

Nevertheless, on August 21, 2017, the Defendant, using the name of “D Licensed Real Estate Agent Office”, “D Licensed Real Estate Agent Office”, and the name of its representative B, conducted the business of mediating the Htel K lease agreement between the lessor F and the lessee J.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of E;

1. Application of Acts and subordinate statutes governing each real estate monthly rent contract, confirmation description of the object of brokerage, registration matters, and all of the police statements made to G and J;

1. Relevant legal provisions concerning criminal facts, Articles 49 (1) 7 and 19 (2) of the former Licensed Real Estate Agents Act (Law No. 1434), Article 30 of the Criminal Act ( Violation of the Licensed Real Estate Agents Act under paragraph (1)), Articles 49 (1) 7 and 19 (2) of the former Licensed Real Estate Agents Act (Act No. 1434) (No. 1434), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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