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Reasons
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(영문) 서울서부지방법원 2016.12.22 2016고정577
공인중개사법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who runs a brokerage business independently in the C Licensed Real Estate Agent Office without qualification as a licensed real estate agent.

Any person who intends to run a brokerage business shall register the establishment of a brokerage office with the administrative agency having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, the Defendant: (a) at the “C Licensed Real Estate Agent Office” operated by D around January 2014; (b) requested the E, which was found in the said brokerage office, to act as a broker for the sale of F building B02 in Yongsan-gu Seoul; (c) around April 30, 2015, the said brokerage office sells the said building to G in advance with the price of KRW 290 million; (d) as a broker fee, KRW 100,000 on the same day.

5.4. 80 million won, and the same year;

5.1 November 9, 190,000 won was delivered from the above G in a way directly received.

Accordingly, the Defendant carried on the brokerage business without registering the establishment of a brokerage office in the competent administrative agency.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement of H;

1. Investigation report (to listen to the G phone statement of a witness);

1. A delegation letter for sale of real estate, each real estate sales contract;

1. Application of Acts and subordinate statutes to a transcript;

1. Article 48 of the Licensed Real Estate Agents Act and Articles 48 subparagraph 1 and 9 of the Licensed Real Estate Agents Act, the selection of fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the defendant's provisional payment order is based on the sentencing of Article 334(1) of the Criminal Procedure Act, including the frequency of the act ofless registration brokerage, the contents of brokerage, the circumstances before and after the crime of this case, the fact that there is no specific criminal power other than the defendant being punished once by a fine, and the sentencing conditions prescribed in Article 51 of

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