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(영문) 울산지방법원 2015.03.12 2014고정775
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a broker who has registered the E-real estate brokerage office located in Ulsan-gu, Ulsan-gu, and the defendant B is a brokerage assistant belonging to the above brokerage office.

1. Defendant B

(a) 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, on March 15, 2012, the Defendant, at the E-real estate brokerage office located in Ulsan-gu, Ulsan-gu, Seoul-do, by using the name of the Defendant A, a licensed real estate agent, and arranged the buyer H 401 of the Ulsan-gu G building 401 which was requested from the seller F.

(b) A broker, etc. who receives excess money and valuables shall not receive money and valuables in excess of the fees or actual expenses prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province within the extent prescribed by Ordinance of the Ministry

Nevertheless, the Defendant, at the same time and place as in the preceding paragraph, arranged for the purchase price of KRW 162 million in Ulsan-gu G Building 401,000,000, and received KRW 2 million including KRW 375,870,000,000,000 from the seller F, which is the ceiling of the house brokerage commission prescribed by the Ordinance of Ulsan Metropolitan City.

2. Defendant A

(a) No broker who has violated prohibited acts, such as lending of qualification certificates, shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, the defendant A is guilty of the above 1.

A. As stated in paragraph (1), Defendant B, registered as a brokerage assistant, made use of his name, thereby enabling the buyer to act as a broker for the buyer H of Ulsan-gu G Building 401 at the buyer’s request of the F.

B. The Defendant violated the joint penal provisions at the time and place of the preceding one (1).

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