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(영문) 수원지방법원 2013.04.04 2012고정3052
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a broker who operates the G Licensed Real Estate Agent Office in Young-gu, Young-gu, 105 and 106 as a licensed real estate agent, and Defendant B is an unreported brokerage assistant who works at the said G Licensed Real Estate Agent Office.

1. No defendant A shall allow or have another person render brokerage services using his/her name or trade name;

Nevertheless, on May 17, 201, the Defendant: (a) in the G Licensed Real Estate Agent Office (G Licensed Real Estate Agent Office), an employee B, using the Defendant’s name and the trade name of G Licensed Real Estate Agent Office (G Licensed Real Estate Agent Office) to arrange for a housing lease agreement on H real estate in Yeongdeungpo-gu (Yung-gu).

Accordingly, the defendant, a broker, had another person carry out brokerage services using his/her name and trade name.

2. No person who is a defendant B may render brokerage services using another person's name or trade name;

Nevertheless, on May 17, 201, the Defendant, at the G Licensed Real Estate Agent Office (G Licensed Real Estate Agent Office), arranged a housing lease contract for H real estate in Yeongdeungpo-gu (G Licensed Real Estate Agent Office), using the name of A and the trade name of G Licensed Real Estate Agent Office (G Licensed Real Estate Agent Office), the broker.

Accordingly, the defendant used another person's name and the trade name of the intermediary.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Legal statement of a witness I;

1. Part of the witness J's statement in the second protocol of trial (defendant B);

1. The police statement of K;

1. Lritten statements;

1. Investigation reports (Attachment of certificate of registration of brokerage office);

1. Application of Acts and subordinate statutes on house lease contracts and copies of bankbooks;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49 (1) 7 and 19 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

B. Defendant B: Business of a licensed real estate agent and a report of real estate transaction.

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