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(영문) 인천지방법원 2015.10.15 2015고정1883
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by

Nevertheless, around January 2, 2015, the Defendant arranged a lease contract of KRW 5 million between lessor E and lessee F with respect to the above multi-party, and received a brokerage commission of KRW 300,000 from F, and carried out unregistered real estate brokerage business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The defendant and his defense counsel asserted to the effect that the defendant entered into the instant lease agreement in the course of transferring the leased right of multiple lease leased by the defendant to F, and that the defendant did not engage in the brokerage business. According to each of the above evidence, the defendant may recognize the fact that the defendant arranged the lease agreement or sub-lease agreement between E and lessee, and B and received 300,000 won as consideration from F as consideration. In light of the above circumstances, such as the parties to the instant lease agreement and sub-lease agreement, the circumstances and the payment that the F would pay 30,000 won to the defendant, and the circumstances before and after the crime of this case, it is reasonable to view that the defendant, not only transferred the right of lease to the defendant, but also brokerage business without registering the establishment of the brokerage office by mediating each contract between E and lessee, E and sub-lessee and receiving the remuneration therefor. Thus, the defendant and the defense counsel's above assertion is not accepted.)

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The costs of lawsuit;

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