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(영문) 서울서부지방법원 2018.11.30 2018고단2992
공인중개사법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No authorized broker, etc. of the opening business shall conduct direct transactions with the client or represent both parties to the transaction.

The Defendant is a real estate broker who operates a real estate authorized broker office in Seoul Seo-gu, Seodaemun-gu, Seoul, 111-1.

On July 16, 2015, the Defendant: (a) requested the client’s brokerage of the purchase of officetels from the client’s office of the above real estate brokerage office; and (b) entered into a sales contract with D on July 18, 2015, with respect to (B) building B of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant owned by D, as the buyer, with D as the buyer; and (c) concluded a sales contract of KRW 15 million.

Accordingly, the defendant was involved in direct transaction with the client.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on the sales contract;

1. Subparagraph 3 of Article 48 and subparagraph 6 of Article 33 of the Act on the Judicial Mediation of Certified Criminal Facts (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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