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(영문) 수원지방법원 2016.10.26 2016노30
임대주택법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts as to the violation of the Licensed Real Estate Agents Act) notified the J of the fact that the G Apartment 506 and 903 (hereinafter “instant apartment”) was a public rental apartment, and that the sub-lease contract for the instant apartment (hereinafter “instant contract”) was illegal loan because it is not possible to obtain the sub-lease consent from the Korea Land and Housing Corporation, Defendant A merely performed the instant contract under the recognition of such circumstances, and explained the J of the fact that it could obtain the future sub-lease consent.

There is no fact that the J's decision has been affected by any false speech or behavior.

B. Defendant B’s penalty (2 million won) by the lower court is too unreasonable.

2. Judgment on the misconception of facts as to Defendant A’s violation of the Licensed Real Estate Agent Act

A. The summary of this part of the facts charged reveals that Defendant A shall not engage in any act of causing an error in the client's judgement by means of false words or other methods concerning important matters regarding the transaction of the object of real estate brokerage, but he did not notify the fact that the apartment of this case is not sub-leaseed without notifying the J, who opened a rental apartment in the I Licensed Real Estate Agent Office, which he operated by the I.S., of the fact that the apartment of this case was leased from H, O.S. and was unable to obtain a sub-lease without being sub-leaseed due to the public rental apartment of this case, while doing a rental brokerage for the apartment of this case, Defendant B and the present apartment of this case, who prepared a real estate lease contract for the apartment of this case, and received KRW 80,000 as a real estate brokerage commission, caused the client to make a false judgment on the transaction of the object of brokerage as to the important matters related to the transaction of the object of real estate brokerage.

B. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court.

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