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(영문) 의정부지방법원 2021.01.07 2019노3289
공인중개사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal from the investigative agency to the court of the court below’s trial, “The Defendant, even though a tenant who established a right to lease on a deposit basis was paid the deposit money at the expiration of the lease contract, did not terminate the lease contract and entered in the lease registration by failing to cancel the lease contract.”

“A consistent statement was made to the effect that it was consistent with E at the time.

H also stated to the same purport, and the Defendant may be guaranteed the full amount of KRW 100 million when he purchased a lease insurance policy against the lessor, although it is difficult for the lessor to establish a lease on a deposit basis against the lessor.

“In light of the fact that the instant building is clearly indicated to the effect that it was “a non-compliant building” in the general building ledger, and the Defendant’s India building appears to have been aware of the fact that it was an illegal use for residence, which is a Class 2 neighborhood living facility, the instant building was used for residence. In light of the fact that the Defendant committed an act of causing E’s judgment by means of false words and behavior or other means with regard to important matters in the transaction of an object of brokerage.

full recognition may be accepted.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged in this case is the representative of an authorized broker who operates the "D Real Estate Broker Office" in Gwanak-gu in Seoul Special Metropolitan City.

The defendant shall not cause a certified brokerage assistant employed by B, and shall not cause any error in the judgement of the client by means of false words and behavior or other methods concerning important matters relating to transaction of the object of brokerage in question.

On April 6, 2017, at the office of real estate intermediaries around 14:00, the Defendant received a request for the full-time brokerage in each subparagraph of the Seoul Guro-gu Seoul F Building G from E.

However, F Building G is required to receive deposit due to the recording of three lease registration orders on the certified copy of the register.

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