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(영문) 서울중앙지방법원 2018.07.27 2017고정3549
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with a registration office having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, around March 22, 2017, the Defendant arranged a contract to sublet the three floors of the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Building amounting to KRW 100,000,000 and KRW 4,000,000,000,000, which was leased by D to E, without registering the establishment of a brokerage office in the registry office because it was impossible to file an application for the registration of establishment of the brokerage office because it was not a certified broker, and without registering the establishment with the registry office.

Accordingly, the defendant runs the brokerage business without registering the establishment of a brokerage office.

Summary of Evidence

1. Each legal statement of witness F, E, and G;

1. A protocol concerning the interrogation of the accused by the prosecution (the questioning of the complainant and the witness);

1. Statement made by the police for E;

1. Complaint;

1. A sublease contract and written consent of sublease;

1. Certificates of transfer confirmation, business registration certificates, confirmation certificates, and pharmacy consulting contracts;

1. Application of Acts and subordinate statutes to the name photograph, business registration certificate photograph, and each letter message photograph;

1. Article 48(1) and Article 9 of the former Authorized Brokerage Act (amended by Act No. 14334, Dec. 2, 2016) concerning criminal facts and the former Authorized Brokerage Act (amended by Act No. 1434, Dec. 2, 2016)

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

3. Judgment on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act (the grounds for conviction) of the Criminal Procedure Act

1. The gist of the claim is that E provides E with consulting about the establishment of a pharmacy and receives consulting expenses, and there is no fact that real estate intermediaries or concludes a real estate brokerage agreement or receives brokerage fees.

2. According to the records of this case, the defendant's order issued to E in relation to the sub-lease of the third floor of the Seoul Gangnam-gu building B in Seoul, stating "director/contributate", and the sub-contractor D and E.

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