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(영문) 의정부지방법원 2015.10.19 2015고정783
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Around March 7, 2014, Defendant B presented to D, who wished to purchase real estate in the Republic of Korea in the Namyang-gu, Chungcheongnam-do, the Namyang-do, and induced Defendant B to purchase real estate by presenting “real estate counseling” to D, who is aware of a large number of surrounding real estate as E,” and introducing himself/herself, and soliciting Defendant B to purchase real estate on the recommended site.

The Defendant, at a G Licensed Real Estate Agent Office located in the same day in the same Eup/MyeonF, arranged a contract to purchase real estate of “I 2017 square meters in Nam-si, Namyang-si, I 2017 square meters” which is H, and received four million won from D as a brokerage commission.

The Defendant, without any qualification as a licensed real estate agent, carried on the unregistered brokerage business by mediating 3-4 real estate transactions from around 2012 to March 7, 2014 each year without any registration of establishment of a brokerage office.

2. Defendant A is a licensed real estate agent operating the above G Licensed Real Estate Agent Office.

Although the Defendant knows that the said B is a person who runs the brokerage business without registering the establishment of a brokerage office without qualification as a licensed real estate agent, the Defendant was requested through B each year from around March 7, 2012 to March 7, 2014 by the G Licensed Real Estate Agent Office to purchase D’s real estate purchase contract brokerage and D’s purchase of real estate owned by H, as above, at the G Licensed Real Estate Agent Office, and thereby requested 3-4 real estate transaction brokerage each year from around 2012 to March 7, 2014.

Summary of Evidence

1. Each legal statement of witness D, J and K;

1. A copy of the front and rear side of a name tag;

1. Application of statutes on a land sales contract;

1. Article 48 subparagraph 1 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply) and Article 9 (Selection of Fines): Defendant B: Article 49 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

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