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(영문) 창원지방법원 통영지원 2017.09.29 2017고단875
공인중개사법위반
Text

Defendant

A shall be punished by a fine of one million won, by a fine of six million won, by a defendant B, and by a fine of five million won.

Reasons

Punishment of the crime

Suspect C and B are officially certified intermediaries, brokerage assistants, and suspects A are officially certified brokers of E.

1. Defendant A and Defendant B are certified intermediaries of E’s opening business, and Defendant B is the actual operator of D’s opening business.

A certified broker, etc. for commencement of business shall receive brokerage remuneration only within the extent prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport, and shall not receive money and valuables in excess of the remuneration or actual expenses under the above scope under any pretext, such as case, donation, etc.

Nevertheless, in collusion with the Defendants, at the E office located at around November 16, 2016, 100, the sales contract between the seller’s G and the buyer’s H is about KRW 567,00,000, the Defendants received KRW 5 million as the intermediary remuneration from the seller’s G, even though the intermediary remuneration limit is KRW 567,00.

As a result, the Defendants conspired to receive more than the limit of brokerage fees.

2. Defendant B

(a) No person, other than an authorized broker, shall use the name of an authorized broker or any similar name;

Nevertheless, the Defendant issued the seller G with the name “D Representative B” at the same date, time, and place as indicated in paragraph 1, and served as a certified broker.

(b) No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

Nevertheless, the Defendant operated D Office in K at the end of 2015.

C The above office and the certified broker shall be lent to prepare a sales contract using the name of D's trade name and C while mediating the above sales contract at the same time and place as described in paragraph (1).

Accordingly, the defendant used another person's name to render brokerage services.

3. Defendant C’s certified broker shall be another person.

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