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(영문) 춘천지방법원 원주지원 2015.10.06 2015고정387
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

Defendant is not a licensed real estate agent.

A person who intends to run a brokerage business shall register the establishment of the brokerage office with the Mayor having jurisdiction over the area in which he/she intends to establish the brokerage office, but the defendant, without registering the establishment of the brokerage office, acts as a housing seller, E and F at the entrance “D” office at the prime city of Kuju-si around September 20, 2014, and received 1.2 million won from the said seller and one million won from the said buyer, respectively.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

(2) The Defendant asserts that he did not engage in the real estate transaction brokerage business. However, considering the following circumstances acknowledged by the evidence, the Defendant is determined to have operated the real estate brokerage business in view of the following circumstances: (a) the Defendant received a total of KRW 2.2 million from the seller and the buyer in relation to the sale and purchase of the said real estate; (b) the amount of such money is a simple amount of expenses; (c) the Defendant heard from F the buyer the intention to purchase the real estate; and (d) examined the status of two at the house from F; (e) the Defendant attended the place where the sales contract was concluded; and (e) took part in the transaction brokerage of real estate by obtaining KRW 2 million from the seller E to G, which is a licensed real estate agent. Accordingly, the Defendant is determined to have operated the real estate brokerage business. Accordingly, the Defendant’s assertion is not acceptable).

1. Partial statement of the defendant;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes governing a housing sales contract, receipt, confirmation, contract, and content certification;

1. Article 48 of the Licensed Real Estate Agents Act and Articles 48 subparagraph 1 and 9 of the Licensed Real Estate Agents Act, the selection of fines concerning facts constituting an offense;

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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