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(영문) 춘천지방법원 2019.07.24 2019고단415
공인중개사법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to a fine of one million won in violation of the Licensed Real Estate Agents Act by the Chuncheon District Court on September 1, 2016, and a fine of five million won in the same court on May 24, 2017. The Defendant is a brokerage assistant for licensed real estate agents D (the same day) operating real estate C located in Chuncheon City B.

Any person other than a licensed real estate agent shall not use the name of licensed real estate agent or any other name similar thereto, and any person who is not a practicing licensed real estate agent shall not indicate or advertise the object of brokerage.

Nevertheless, around January 2019, the Defendant distributed the leaflets printed on the A4 paper to the effect that “C Real Estate Office” office located in Chuncheon-si B and 25-30 neighboring real estate office in Chuncheon-si E apartment complex office,” and that “F power source housing (G) and C Real Estate Representative A,” and kept it on the table of the above C Real Estate Office. Around that time, the Defendant kept the name named “C Real Estate Representative A” on the books of the above C Real Estate Office.

Accordingly, the defendant used the name similar to that of the licensed real estate agent, and advertised the object of brokerage even though it is not a practicing real estate agent.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation and each accusation;

1. The application of name cards (C Representative A), two former names, two former names, and the former names, and the former names, and the Acts and subordinate statutes;

1. Relevant legal provisions of facts constituting an offense, Articles 49 (1) 2, 8, 49 (1) 2, and 6-2 of the Licensed Real Estate Agents Act, Articles 49 (1) and 6-2, and 18-2 (2) of the Licensed Real Estate Agents Act, the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act has used the name similar to the authorized brokerage office and the advertisement of real estate agents even though the defendant is not a licensed real estate agent.

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