beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant violating the Licensed Real Estate Agents Act is a person who runs the business of mediating the resale of the right of sale in the name of “B” after setting up a single-name “type store” around the model house of apartment that is scheduled to be sold.
A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and no person other than a licensed real estate agent shall use
Nevertheless, on September 4, 2016, the Defendant: (a) ordered employees D, etc. to share out the name of “B representative A, apartment subscription, and brokerage of sales rights” at the Defendant’s store of the Seo-gu Incheon apartment model C, Seo-gu, Incheon; (b) received a request for resale of sales rights from E who wishes to purchase the above apartment; and (c) received a request for resale of sales rights from the purchaser E, and received KRW 2 million from the buyer E and seller G in the name of brokerage commission on the 4th day of the same month.
Accordingly, the defendant uses the name similar to that of a licensed real estate agent, and runs real estate brokerage business without registering the establishment of a brokerage office.
2. The Defendant is a person who has been engaged in mediating the resale of the victim’s right to sell in lots as prescribed in the above paragraph (1).
As a result of the Defendant’s brokerage of the resale of the “C” apartment purchase right around September 2016, the victim paid KRW 2 million to the H account designated by G in the name of the seller as the provisional contract deposit around the fourth day of the same month, and paid KRW 2 million to the seller via D account, which is an employee of the Defendant, in the name of the seller’s right to sell the same day.