(영문) 울산지방법원 2012.7.18.선고 2011고정1792 판결

Defendant A shall be punished by a fine of KRW 3,00,000, and a fine of KRW 1,000,000, and Defendant B shall be punished by a fine of KRW 3,000. In the event that the Defendants fail to pay each of the above fines, the Defendants shall be confined in the workhouse for the period calculated by converting KRW 5

To order the Defendants to pay an amount equivalent to the above fines.

The costs of lawsuit shall be borne by the Defendants.

Reasons

Criminal facts

Defendant B is a licensed real estate agent operating the D Licensed Real Estate Agent Office in Ulsan-gun, Ulsan-gun, and Defendant A is a brokerage assistant of the D Licensed Real Estate Agent Office in the above D Licensed Real Estate Agent Office, and the Defendants are married couple.

1. Defendant A

(a) No person shall render brokerage services using another person’s name or trade name, or take over or borrow evidence such as a brokerage office;

Nevertheless, around February 9, 2011, the Defendant, at the office of licensed real estate agents, arranged a real estate sales contract for No. 102 Dong-gun G building No. 1502, Ulsan-gun G building No. 102 and 1502 between the seller E and buyer F, and, as such, as he/she had been qualified as a licensed real estate agent B, carried out brokerage services using B’s name and B’s trade name on the broker column of the above real estate sales contract, after affixing B’s name and affixing B’s seal.

(b)the broker, etc. shall not conduct direct transactions with the client or act as an agent for both of the transaction parties;

Nevertheless, around April 5, 2011, the Defendant purchased 102 Dong-gun G Building 109,000,000 from the seller, the client, at the same place as above, the Defendant directly traded with the client by entering the name of the Defendant’s son in the buyer column and preparing a real estate sales contract in H’s name.

2. Defendant B

No one shall allow another person to render brokerage services using his/her name or trade name, nor transfer or lend his/her certificate of brokerage affairs to another person.

Nevertheless, the defendant's wife and the broker assistant of the D Licensed Real Estate Agent Office allowed A to render brokerage services in the name of the defendant, and the defendant's seal imprint is entrusted to A, and at the same time and place as the above-mentioned 1-A-A-B-B-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record

1. Legal statement of a witness I;

1. Statements made by witnesses E and J in the second trial records;

1. Entry of the witness K in the third and fifth trial records;

1. The police statement concerning F;

1. Each real estate sales contract;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 49 (1) 7 and Article 19 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (the name and the trade name brokerage business of any other person), subparagraph 3 of Article 48 and subparagraph 6 of Article 33 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (the point of direct transaction with the client), and the selection of fines;

Defendant B: Articles 49(1)7 and 19(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (the fact that a licensed real estate agent acts as a broker of his name and trade name, and the selection of fines)

1. Aggravation for concurrent crimes;

Defendant A: Articles 37 (former part), 38 (1) 2, and 50 (Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions with heavy direct transactions) of the Criminal Act;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

1. Bearing litigation costs;

Defendants: Article 186(1) of the Criminal Procedure Act