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(영문) 서울서부지방법원 2013.06.18 2013고정810
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over the area in which he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, but the defendant, without registration of establishment, operated a real estate brokerage business by mediating a contract to rent the 9th floor office of the building B in Seodaemun-gu, Seoul on July 19, 201, and receiving KRW 140,000 as a brokerage commission from C, his/her mother, and receiving KRW 140,000 as a brokerage commission.

2. A person, who is not a broker, may not use the name "licensed Real Estate Agent Office", "Real Estate Brokerage", or any other similar name. However, the Defendant prepared a "Commercial Estate Lease Agreement" with respect to the fourth floor 41, 43, and 49 of the Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, and used the name similar to the licensed real estate agent office by stating "F real estate" in the name of the licensed real estate agent office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, G, H, and I;

1. Each real estate lease contract and each commercial building lease contract;

1. A copy of each bankbook and a receipt;

1. Application of each complaint, each fact-finding certificate, and each statute of a written confirmation;

1. Relevant Article of the facts constituting an offense, Article 48 subparagraph 1 of Article 48, Article 9 (1) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, and Articles 49 (1) 6 and 18 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (the use of similar names, the selection of fines);

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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