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(영문) 서울동부지방법원 2016.07.12 2016고정1050
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a brokerage assistant working in D real estate, Defendant B is a certified broker who operates real estate brokerage business mutually with D real estate.

No real estate broker shall conduct a direct transaction with the client or represent both parties to the transaction.

Nevertheless,

1. Defendant A, around April 16, 2015, performed a direct transaction with the client by receiving KRW 1.445 million from the client G, who was found to purchase the F Multi-household Housing in his/her own name within the first floor D real estate located in Gangdong-gu Seoul, Gangdong-gu, and the first floor D.

2. Defendant B run the real estate brokerage business, such as neglecting considerable attention and supervision over the client’s housing brokerage business, even though an assistant to the D real estate affiliated with the D real estate that he/she operates at a temporary location, such as Defendant B, even though he/she directly trades with the client G.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of statutes on police statements made to H to H;

1. Relevant legal provisions and subparagraph 3 of Article 48, and Article 33 subparagraph 6 of the Act on Certified Judicial Brokerage: Defendant B of Article 50 and Article 48 subparagraph 3 and Article 33 subparagraph 6 of the Act on Certified Judicial Brokerage;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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