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(영문) 서울중앙지방법원 2019.01.09 2018고단6811 (1)
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

On January 28, 2014, B is a practicing licensed real estate agent who has registered the opening of his/her brokerage office in Jongno-gu Seoul Metropolitan Government (D Licensed Real Estate Agent Office) with the trade name "D Licensed Real Estate Agent Office"; E is a person who has reported as a brokerage assistant of the said D Licensed Real Estate Agent Office around February 14, 2014; and F is a person who has reported as a licensed real estate agent of the said D Licensed Real Estate Agent Office around September 5, 2016.

E prepares an office, such as renting Jongno-gu Seoul Metropolitan Government 2 stories, and B shall register the establishment of the office of the above D Licensed Real Estate Agent Office with ten square meters in the above office, and B shall report the defendant and the real estate agent who did not have the qualification as a licensed real estate agent or who did not have the registration of establishment despite the qualification as a licensed real estate agent, to the brokerage assistant or licensed real estate agent of the above D Licensed Real Estate Agent Office. In fact, the above brokerage assistant, etc. used the trade name of the above D Licensed Real Estate Agent Office and performed the brokerage business and received brokerage commission from the contracting parties, and B shall receive 10% or 25% of the above brokerage commission in return for using the name and trade name, and E shall receive 150,000 or 250,000 won per month from the defendant, etc. in return for providing the office and the house.

Specific criminal facts

1. No defendant nor F shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or borrowing the certificate;

Around March 11, 2017, the Defendant and F concurrently arranged a lease agreement between G and H in the above D Licensed Real Estate Agent Office, explaining the current status of the object of brokerage and terms and conditions of the lease, etc. in Jongno-gu Seoul Metropolitan Government I J, and after confirming the contractual intent, prepare the lease agreement after confirming the contractual intent, and the name and the status of B by the Defendant signing and sealing B on the lease agreement.

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