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(영문) 춘천지방법원 강릉지원 2014.02.18 2013고정489
공인중개사의업무및부동산거래신고에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is running real estate brokerage business under the trade name of 'D Licensed Real Estate Agent' in Gangseo-si City.

No broker, etc. shall cause an error of judgement by the client by means of false words and behavior, etc., concerning important matters relating to transaction of the relevant object of brokerage.

On May 1, 2013, the Defendant, at the D Licensed Real Estate Agent Office operated by the Defendant, brokered the buyer G at KRW 86,00,000 of the sales amount to the seller’s 4,623 square meters located in the seller’s Gangwon-si.

Land is designated as a restricted protection area under the Protection of Military Bases and Installations Act, and is subject to restrictions on construction.

Nevertheless, the defendant explained to G that the land category is designated as a planned control area, and the building-to-land ratio can be constructed at 40% and 100% of the floor area ratio.

As a result, the defendant caused the judgment of G which is the client by false words and other means on important matters in the transaction of the object of brokerage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A land sales contract;

1. An explanatory note for confirmation of the object of brokerage;

1. Application of the statutes of the land use planning confirmation agency;

1. Affairs of relevant legal professional real estate agents and reporting of real estate transactions Act concerning facts constituting the crime under Article 49 (1) 10 and subparagraph 4 of Article 33;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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