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(영문) 광주지방법원 2020.02.13 2019고정1188
공인중개사법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to engage in brokerage business without registration shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office, as prescribed by Ordinance of the Ministry

Nevertheless, without registering the establishment of a brokerage office, the Defendant produced real estate promotional materials in Seo-gu “C Licensed Real Estate Agent” located in Seo-gu, Seo-gu, Gwangju from December 27, 2018 to September 25, 2019, and attached them on each apartment entrance. If contact is reported, 50% of the commission which the “C Licensed Real Estate Agent” received as his/her allowance.

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

2. Any person other than a licensed real estate agent using an unqualified name shall not use the name of licensed real estate agent or any other name similar thereto.

Nevertheless, as stated in paragraph (1), the Defendant manufactured real estate promotional materials containing the following: “C Licensed Real Estate Agents’ Office, Hybox box, sales, pre-sale, rent, monthly liability brokerage, apartment buildings, commercial buildings, land, studs, studs, houses, D (the Defendant’s telephone number), holding of the special accounts for real estate investment, and regular recruitment of students at the Academy of Real Estate Investment,” and attached them to each apartment entrance.

Accordingly, the defendant used the name of licensed real estate agent or similar name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes governing licensed real estate agents;

1. Article 48 of the relevant Act and Articles 48 subparagraph 1, 9 (1), 49 (1) 2, and 8 of the Licensed Real Estate Agents Act that choose the penalty for an offense, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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