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(영문) 광주지방법원 해남지원 2015.04.08 2015고단69
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the registration authority, such as the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office.

However, the Defendant, from the early October 2012, arranged a real estate sale and purchase contract for the purchase of 53,488 square meters of D forest owned by C, Namnam-gun, Namnam-gun, the registration authority for the establishment of a brokerage office, and completed the registration of ownership transfer in the name of E’s wife F around November 21, 2012. Since the Defendant purchased the said forest land at KRW 25 million, he/she purchased the land to E around December 24, 2012, he/she changed the payment for brokerage and received KRW 10 million from E.

From January 2013, the Defendant continuously arranged a real estate sale and purchase contract for H 74,083 square meters for the purchase of the forest land in the Nam-gun, Nam-gun, Nam-gun, Nam-gun, and had the ownership transfer registered in the name of E from the owner at the time of the purchase price of KRW 336,150,000 on February 26, 2013. On January 2013, the Defendant introduced H Do forest as above and received KRW 8 million from E for a consideration as a reward for introducing it. around February 25, 2013, the Defendant received KRW 3,50,000 from the seller I as a broker for the said real estate sale and purchase contract.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, J, and F;

1. Investigation reports (Binding of I postal records);

1. Certification of all the registered matters D, and Certificate H of all the registered matters;

1. A copy of a real estate sales contract or a copy of a delegation contract for sale of real estate;

1. Application of the Acts and subordinate statutes to the Nonghyup of the head of Tong;

1. Subparagraph 1 of Article 48 and Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by the Licensed Real Estate Agents Act, Jan. 28, 2014) concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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