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(영문) 서울고등법원 2019.06.20 2018누78871
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the plaintiff's assertion in the trial while filing an appeal do not differ from the contents of the plaintiff's assertion in the trial of the first instance, and the judgment of the first instance that dismissed the plaintiff's claim even if the evidence submitted in the trial of the first instance and the evidence submitted in the trial of the first instance were examined again along with the allegations,

Therefore, the reasoning for this Court regarding this case is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for the following modifications. Thus, this Court shall accept it as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 4

[Correctioned Part] 13 and M affiliated with the Defendant accused on December 26, 2016 that “the Plaintiff violated Article 33 subparag. 2 of the Licensed Real Estate Agents Act, and Article 9 of the Licensed Real Estate Agents Act.”

On August 22, 2018, in violation of the Licensed Real Estate Agent Act (No. 2018 Gowon District Court Branch Decision 2018DaMa66, the Plaintiff was rendered a judgment of innocence on the facts charged that “ despite having a practicing licensed real estate agent not allow the Plaintiff to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person, the Plaintiff was sentenced to a judgment of not guilty on the facts charged that “from April 13, 2015 to July 8, 2015, H used his/her name or trade name to render brokerage services.” The Prosecutor appealed from Suwon District Court 2018No5591, which was dissatisfied therewith, and the appellate court accepted the prosecutor’s appeal on January 22, 2019 and sentenced the Plaintiff to a fine of KRW 2 million, recognizing the Plaintiff as guilty.

On June 13, 2019, the appeal was dismissed, and the above judgment of the appellate court became final and conclusive.

Part 7, 15, 9, 15, 7, 7, 15, 7, 7, and 15, are as follows.

No. 12, 13 of the first instance judgment is recognized, "No. 11 of the 11," followed.

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