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(영문) 창원지방법원 마산지원 2014.11.26 2013고단710 (1)
사기등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No broker shall allow any other person to render brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to any other person.

On July 29, 2013, the Defendant had brokerage assistant E using the name of the Defendant, and had the lessor F and the lessee act as a broker for the lease contract under the 309th floor of the H building of the Y building of the Masan-si Seoul Special Metropolitan City, Changwon-si, Seoul Special Metropolitan City, and the Defendant used the name of the Defendant in relation to the lease contract between the lessor and the lessee 15 times in total from November 8, 2010 to July 29, 2013, as shown in the attached crime sight table (2).

Summary of Evidence

1. Each legal statement of the defendant and E;

1. The police statement of E in his court;

1. Copy of each lease contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (1) 7 and Article 19 (1) of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning Facts constituting the crime and 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Among victims due to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, the legal liability of the defendant for the remaining victims was paid or expected to be paid by the Licensed Real Estate Agent Association, and the defendant suffered a significant loss due to E acts, such as the obligation of indemnity to the Licensed Real Estate Agent Association which paid the above damage, etc.

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