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(영문) 서울서부지방법원 2018.05.23 2017고정1000
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person registered as a brokerage office of F Real Estate Authorized Agent Office in Eunpyeong-gu Seoul Metropolitan Government E Commercial Building No. 116 (hereinafter “F office”), and actually operated a H Authorized Agent Office in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “H office”).

(a) No certified broker shall engage in direct transaction with the client, or act as an agent for both parties to the transaction;

Nevertheless, on February 4, 2016, the Defendant, at the H office, entrusted I’s agent to sell K 212 Dong 1301 (hereinafter “instant sales right”), which is I’s I’s agent, and prepared a letter of request that the Defendant immediately purchase the sales right, and then remitted KRW 30 million in total, including KRW 10 million, and KRW 20 million, as the down payment, as the down payment, around February 15, 2016, to the Agricultural Cooperative account (L) in the name of I.

Accordingly, the defendant, as an authorized broker, was involved in direct transaction with the client.

(b) No person shall use a qualification certificate of another person as an authorized broker by transfer or lending, or use the registration certificate of another person's brokerage office by transfer or lending;

Nevertheless, on August 11, 2015, the defendant, who is qualified as a certified broker, has been operating the above H office with B's qualification certificate and registration certificate borrowed from B.

At the H office around December 2, 2015, the Defendant drafted a contract for the sale and purchase of the Eunpyeong-gu Seoul Metropolitan Government M-Sale Rights between N and buyerO as a broker B at the H office.

Accordingly, the defendant obtained a certificate of authorized broker and a brokerage office registration certificate and used it.

2. The defendant B certified broker shall use his name or trade name to another person.

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