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(영문) 인천지방법원 2015.05.28 2014고단9058
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, by imprisonment of 6 months, and by imprisonment of 6 months, respectively.

Defendant .

Reasons

Punishment of the crime

1. Defendant A is a broker who has registered the establishment of a brokerage office with the head of the Nam-gu Incheon Metropolitan City on July 9, 1986 under the former Real Estate Brokerage Act, and is not a licensed real estate agent.

No broker shall allow other persons to render brokerage services using his/her name or trade name.

Nevertheless, on April 22, 2014, the Defendant had B, a brokerage assistant, use the name and trade name of the Defendant, and had B act as a broker under the contract between I and J of the buyer.

2. The defendant B is the brokerage assistant of the above H office in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

No person may render brokerage services using another person's name or trade name.

Nevertheless, on April 22, 2014, the Defendant used the name and trade name of A, a broker, in the above office, and mediated the seller I and the J of the buyer.

3. Any person who intends to run a brokerage business in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act by Defendant C shall register the establishment of a brokerage office with the registration authority.

Nevertheless, on April 22, 2014, without registering the establishment of a brokerage office, the Defendant, at the above H Office, mediated a contract for the loan transaction between the seller I and the buyer J and received the price of KRW 9 million (9 million out of the amount obtained by defraudation as stated in paragraph (4) below).

4. The joint principal conduct (violation of the Act on Business of Fraud and Licensed Real Estate Agents and Report of Real Estate Transactions) of Defendants B and C shall not make any act to mislead the client by means of false words and behavior or other methods concerning important matters relating to the transaction of the object of brokerage in question;

Nevertheless, the Defendants conspired to make a sales contract between I and the victim J, such as the above 2 and 3.

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