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(영문) 서울중앙지방법원 2014.10.02 2014고정2550
변호사법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a licensed real estate agent, and if a licensed real estate agent desires to file an application for the purchase of the real estate subject to auction under the Civil Execution Act, the defendant did not undergo the procedure of registration.

On August 14, 2013, the Defendant, at the Seoul Central District Court auction court located in Seocho-gu, agreed to receive service fees of KRW 5,250,00 from the victim P to receive service fees of KRW 302,00,00,000 from the Seoul Central District Court, which is not an attorney-at-law in relation to the above court's real estate auction case. In fact, the Defendant entered the bid price on behalf of P, stated that the bid price is KRW 283,750,00,000, and submitted the bid documents to the auction court to act as an agent for the auction case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution (including the substitution of the accused);

1. Statement of the police statement on P;

1. Written appeal of P;

1. Application of Acts and subordinate statutes to search a fixed date bid slip, bid deposit envelope, agreement on service for purchasing auction real estate, text message, and auction case;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;

1. The Defendant asserts that the Defendant did not violate Article 109 subparagraph 1 of the Attorney-at-Law Act, on the grounds that, in accordance with Article 14(2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”), only “drawing and arranging the analysis and acquisition of rights” as a broker, and did not “drawing and arranging the acquisition of rights” in the application for bid.

The act of receiving money and valuables from the applicant for the purchase at the auction of real estate at the court and submitting the bid list on behalf of the applicant for the purchase to the court shall be the act of bidding for the applicant for the purchase.

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