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(영문) 서울중앙지방법원 2014.07.24 2014고정498
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A as a licensed real estate agent, from around December 2010, registered a “F Licensed Real Estate Agent Office” in Gwanak-gu in Seoul Special Metropolitan City as a brokerage business, and manages the above office with Defendant B at the time. However, as Defendant B was hospitalized in the middle of August 2012, the management of the above authorized brokerage office is difficult due to the difficulty of managing the above authorized brokerage office, and the Defendants agreed that the above brokerage assistant G operated the above office on behalf of the Defendants and receive the payment.

From Aug. 2012 to Nov. 2012, 2012, the Defendants had the said G to operate the said “F Licensed Real Estate Agent Office” using the name of the Defendant A, and received KRW 2 million per month from among the profits accrued from the operation of the said office, such as brokerage commission, etc., as a rental fee.

As a result, the Defendants conspired with the above G to lend the name and trade name of Defendant A, a licensed real estate agent.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Partial statement of witness G;

1. Each protocol of examination of the prosecution against the Defendants, H, and G (including the substitution of the Defendants)

1. Each prosecutor's statement to I and J;

1. Statement of the police statement to K;

1. Copy of the police statement concerning L;

1. Each investigation report, investigation report (to be accompanied by a copy of the deposit passbook in the brokerage commission);

1. Application of a copy of the qualification certificate (A) statute

1. The Defendants of relevant legal principles concerning criminal facts: Articles 49 (1) 1 and 7 (1) of the Business Affairs of respective licensed real estate agents and Report of Real Estate Transactions Act, Article 30 of the Criminal Act (the fact that a licensed real estate agent has engaged in brokerage business using the name of a licensed real estate agent), Articles 49 (1) 7 and 19 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Article 30 of the Criminal Act (the fact that a licensed real estate agent has allowed brokerage business using the trade name of the broker)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose the punishment: each of them.

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