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(영문) 서울동부지방법원 2017.11.21 2017고정1390
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with a registry office having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land,

Nevertheless, on December 1, 2016, the Defendant did not register the establishment with the Songpa-gu Office, and operated a brokerage business without registration by mediating the sale and purchase of the commercial E apartment No. 102 of Songpa-gu Seoul, Songpa-gu, Seoul, the first floor of the apartment No. 102.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against F or G;

1. Requests for investigation of suspected judicial violations of the authorized brokerage brokerage, and the application of statutes on sales contract of sales right;

1. Article 48 of the relevant Act on criminal facts, Article 48 subparagraph 1 of the same Act and Article 9 (1) of the same Act, and Article 48 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act, which has no record of criminal punishment against the defendant for reasons of sentencing in the case of the same kind of crime, the defendant's profit level, and the crime of this case is likely to impair the expertise of real estate brokerage business and the legislative intent of the public brokerage law in order to promote this in a sound manner, and the crime of this case is not easy and may cause additional damage due to such crime. In light of the sentencing conditions in the trial of this case, even if considering the sentencing conditions in the trial of this case, the amount of fine prescribed in the summary order is not excessive.

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