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Defendant
A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
B From April 26, 2016 to October 26, 2016 of the same year, a person who operated a “D Authorized Agent Office” in Daegu-gu, Daegu-gu, and transferred the said office to Daegu-gu E from October 6, 2016 to operate it. Defendant A is a person employed by Defendant B from May 2016 to serve as a broker assistant in the said office.
No person who fails to register the establishment of a brokerage office shall carry on the real estate brokerage business.
1. Defendant A did not register the establishment of a brokerage office.
Nevertheless, on September 21, 2016, the Defendant is in Daegu Seo-gu between the lessorF and the lessee G at the above office located in Daegu-gu, Daegu-gu, Seoul-gu.
H. On the 22th day of the same day after arranging a lease contract for the lease of real estate to the third floor, 320,000 won was transferred to the Daegu Bank Account in the name of the defendant as a brokerage fee.
Accordingly, the defendant was engaged in real estate brokerage business without registering the establishment of a brokerage office.
2. Defendant B operated real estate brokerage business without registering the establishment of a brokerage office as described in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to each lease contract, each person, a certificate of confirmation of transfer, a name card, and a register;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 48 Subparag. 1 and Article 9 (Selection of Penalty) of the Authorized Brokerage Act;
B. Defendant B: Article 50, Article 48 subparag. 1, and Article 9 (Selection of Punishment) of the Authorized Brokerage Act
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;