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(영문) 대구지방법원 2012.10.25 2012고단2763
공인중개사의업무및부동산거래신고에관한법률위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who is not a licensed real estate agent or juristic person shall be prohibited from registering the establishment of a brokerage office, or from running the brokerage business without the registration of establishment.

On May 26, 2011, the Defendant: (a) arranged a lease contract on the “G entertainment tavern” building 291.23 square meters of the 1st floor underground of the said C building between the lessor D and the lessee E (title holder: F); and (b) received three million won as a brokerage commission.

Summary of Evidence

1. Each legal statement of witness E (the fifth trial date), H and I;

1. Statement to E by the police;

1. A complaint;

1. A real estate lease contract;

1. A copy of each bankbook;

1. Application of the Acts and subordinate statutes concerning explanatory documents

1. Relevant Article of the facts constituting the crime and Article 48 of the Business Affairs of Licensed Real Estate Agents for the Selection of Punishment and Report of Real Estate Transactions Act and Articles 48 subparagraph 1 and 9 (1) of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged that he did not act as a broker for the store of this case to E, did not receive a brokerage commission, and 1.5 million won, which he remitted to the account under the name of the defendant, is an entertainment heavy taxation, and 1.26 million won, which was deposited to the account under the name of J, is an alcoholic beverage acceptance.

2. The following circumstances, which are acknowledged by the evidence duly adopted by the court and completed the investigation, i.e., the defendant, at the time of the first lease of the instant shop, and the defendant, at the time of the transfer of the store to E, was acting as a broker, and the defendant was paid in cash at the expense of KRW 3 million and KRW 3 million in cash on the part of E in the process of transferring the instant store to E, and ② H and I deposited into the J account by KRW 1260,000,000,000,000 in cash on the part of H, which were withheld by the former owner of the building for the reason of delinquency in heavy taxation.

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