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(영문) 대전지방법원 2016.10.27 2016고정726
공인중개사법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On November 16, 2007, Defendant A received a registration certificate of a brokerage office from the head of Daejeon from the head of the Gu, and established an E Licensed Real Estate Agent Office in Daejeon Jung-gu.

No practicing licensed real estate agent 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 agreed to receive 50% of revenues other than public charges from B around February 2011 to November 2012, and leased the registration certificate of his/her brokerage office in the E Licensed Real Estate Agent Office located in Daejeon Jung-gu, Daejeon, by using the name of the Defendant and the trade name of E Licensed Real Estate Agent Office.

2. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or borrowing the certificate;

Nevertheless, as described in paragraph (1), the Defendant, while operating an E Licensed Real Estate Agent Office after obtaining a registration certificate of the brokerage office in the name thereof from A on February 8, 201, operated the E Licensed Real Estate Agent Office, and on February 8, 201, leased all the three floors of F-owned 4 foot commercial buildings in Daejeon in the said brokerage office to G, on June 15, 201, to H, on June 15, 201, the first floor of the same building to H, on November 6, 2012, to I, and on November 14, 2012, to lease all the two floors of the same building to J.

Summary of Evidence

1. Defendants’ respective legal statements (the third court date);

1. Each police statement made to K and F;

1. Postal records of H and records of visit by J;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of answers to G phone calls of tenants), a detailed statement of financial transactions (one bank account in the name of building F), reply to requests for investigation cooperation;

1. Article 49 (1) 7 of the Licensed Real Estate Agents Act and Article 19 (1) of the Licensed Real Estate Agents Act are applicable to the defendant A who has been selected to commit the crime;

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