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(영문) 대전지방법원 2016.11.03 2016고단2842
주택법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who runs the real estate-related brokerage business in Sejong-si without registering the establishment of a brokerage office without qualification of a licensed real estate agent;

2. No person who violates the Housing Act or the Licensed Real Estate Agents Act shall resell or arrange for resale the status of being selected as residents of multi-family housing subject to the upper limit system for selling prices among multi-family housing constructed and supplied by a business entity in a public housing site before the lapse of the period prescribed by Presidential Decree (hereinafter referred to as "period subject to the upper limit system for selling prices"), and no person who intends to operate a brokerage business shall register the establishment of a brokerage office with the registration authority, such

The Defendant, without registering the establishment of a brokerage office on May 1, 2015, arranged to sell the D’s right of sale as the occupant of “C Apartment 106 dong 1601” sold by B around that time, and F via E to sell the F amount of KRW 5 million at a premium of KRW 5 million.

However, the apartment house was a house subject to the upper price ceiling system, which could not resell the status of being selected as an occupant of the house or arrange the resale thereof for one year from the date it is possible to conclude the first housing supply contract as a house subject to the upper price ceiling system ( May 6, 2015).

In addition, without registering the establishment of a brokerage office, the Defendant arranged the resale of the status of being selected as occupant within the period of restriction on resale over a total of six times from around that time to July 2015, as described in the list of crimes.

Accordingly, without registering the establishment of a brokerage office, the defendant mediated the resale of the status of being selected as residents of housing subject to the upper price ceiling system within the period of restriction on resale.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol concerning G and H;

1. Each prosecutor's statement to I, J, and K;

1. Investigation report (A's payment record as agent for sales contract) and copy of investigation report E's interrogation protocol; and

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