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(영문) 인천지방법원 부천지원 2015.05.08 2015고정379
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant, from March 15, 2012 to July 3, 2014, operated the said D Licensed Real Estate Agent Office under the agreement to divide the trade name of “D Licensed Real Estate Agent Office” from Seocheon-gu, Seocheon-gu, Busan into half of the profits of “D Licensed Real Estate Agent Office” and the said D Licensed Real Estate Agent Office.

A person who intends to run a real estate brokerage business shall register the establishment of a brokerage office with the head of the registration office having jurisdiction over the area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, but B is not a licensed real estate agent, and during the above period, B operates the said D Licensed Real Estate Agent Office

In addition, although a person who is not a licensed real estate agent fails to use the name of licensed real estate agent or any other similar name, B, who is not a licensed real estate agent, used the name of "D Licensed Real Estate Agent B" while operating the above D Licensed Real Estate Agent Office for the above period.

The Defendant, as a licensed real estate agent of the office of licensed real estate agents, did not exercise due care and supervision over the brokerage business even though the above B, which was merely a broker assistant in the office of licensed real estate agents, committed the above acts during the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A E statement, each written confirmation, and each written petition;

1. Accusation against any violator of the Licensed Real Estate Agents Act;

1. A broker's illegal investigation report;

1. An intersection contents, a brokerage office registration certificate, or a real estate brokerage office registration register;

1. A B certified copy, a name box and a civil complaint, and an apartment sales contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Criminal facts: Articles 50 and 48 subparag. 1 and 9 of the Business Affairs of the former Licensed Real Estate Agent and Report of Real Estate Transactions Act (wholly amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply); business affairs of the former Licensed Real Estate Agent and report of real estate transactions.

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