(영문) 서울북부지방법원 2016.06.17 2015고정2656

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(영문) 서울북부지방법원 2016.06.17 2015고정2656

공인중개사의업무및부동산거래신고에관한법률위반등

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating an Internet shopping mall “C”.

1. No person, other than a broker, shall display any indication of the object of brokerage in order to run the brokerage business;

Nevertheless, on June 19, 2014, the Defendant advertised each object of brokerage in its office located in Songpa-gu Seoul, Songpa-gu D, 4152 on the following grounds: (a) via E, one’s employee, upon the request of the trader to request the advertisement of real estate brokerage; (b) through the NAV Internet Cafe’s “sale of buildings near the brigade station space in the amount of 29 billion won”; (c) Samsung EXE’s sales price shall be KRW 20 billion; and (d) “The purchase and sale price of buildings adjacent to the river basin of Nowon-gu shall be KRW 5 billion,” and “the sale of buildings adjacent to the river basin of Nowon-gu shall be five billion won.”

As above, the Defendant, who is not a broker, advertised the object of brokerage to run a brokerage business.

2. No person, other than an authorized broker, shall place an indication of the object of brokerage;

Nevertheless, on September 1, 2014, at the place indicated in paragraph 1, the Defendant advertised each object of brokerage to the effect that “F located in the northwest area of Gyeonggi-do shall be leased at a lease price of KRW 400 million,” and on February 11, 2015, at the same place as above, the Defendant advertised that “F shall sell and sell a commercial building with a high return rate of profit at KRW 30-5 billion in cash at the same place.”

After all, the Defendant, who is not an authorized broker for the opening of the business, advertised the object of brokerage in order to run the brokerage business.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written complaint of G;

1. Application of statutes governing printed materials posted on the Internet as an object of brokerage;

1. Relevant Article of the Act and the selection of punishment for the crime, and the duties of each of the former certified broker and a report on real estate transaction;

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