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(영문) 대전지방법원 2016.01.13 2015고정1665
공인중개사법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to run real estate brokerage business shall register the establishment of a brokerage office with a registry office having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land,

Nevertheless, on July 5, 2015, at the office of the management and operation conference office of the Seo-gu Daejeon Building 116, the Defendant, without registering the establishment of a brokerage office, sold 509 and 510 of the above shopping mall owned by the seller D to E without registering the establishment of the brokerage office, respectively, for the purchaser of the KRW 94 million. The Defendant arranged a sales contract for the sale of KRW 512 of the seller’s F shopping mall owned by the seller to E and received KRW 1 million from the Defendant’s new bank account (G) under the pretext of the brokerage commission on the same day.

Accordingly, the defendant carried on the brokerage business without registering the establishment of a brokerage office in the competent administrative office.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A H statement;

1. Investigation report (C building seller No. 509 and telephone conversations), investigation report (invitation investigation), investigation report (invitation investigation), and investigation report (in case of a commercial building located in C building and telephone conversations);

1. A written accusation;

1. Application of the statutes on real estate sale contract;

1. Article 48 (1) and 9 of the relevant Act and Articles 48 (1) and 9 of the Judicial Act as an optional brokerage for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that the judgment on the defendant and his defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is merely a mere introduction that the party concerned could directly trade, and that the real estate brokerage business was not conducted.

The term "mediation" as referred to in the Authorized Broker Act means mediation of sale and purchase, exchange, lease, and other acquisition, loss, and transfer of rights between parties to a transaction with respect to the objects of brokerage, such as real estate, and the term "mediation business" means the business of conducting brokerage for a business of receiving a certain remuneration at another person's request (Article 2 of the Authorized Broker Act).

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