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(영문) 수원지방법원 안산지원 2013.11.28 2013고정832
공인중개사의업무및부동산거래신고에관한법률위반
Text

1. The Defendants are not guilty. 2. The summary of this judgment against the Defendants is published.

Reasons

On February 5, 2013, Defendant B was notified of a summary order of KRW 2 million for a violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act in the Suwon District Court's Ansan branch on February 5, 2013, and Defendant B is a person who operates a real estate brokerage office in the name of "E Licensed Real Estate Agent Office" in the Silung-si City, and Defendant A was notified of a summary order of KRW 3 million for a violation of the Real Estate Brokerage Act in the Suwon District Court's Ansan branch on July 11, 2005.

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

Nevertheless, the Defendants conspired to do so on September 16, 201, at the G office located in the Gu F during Ansan-si, around 15:00, without registering the establishment of a brokerage office with the registration authority, and without acting as a broker for the seller’s H and the buyer I to enter into a sales contract for the location of H, K, and L site (7.5 billion won) with the seller’s brokerage commission on or around February 6, 2012. Defendant B signed and sealed the broker’s column of the sales contract for the above site at the place where the sales contract was concluded, and the above broker’s signature and seal was affixed to the broker’s column of the sales contract for the above site at the place where the sales contract was concluded, and the above broker’s fee of KRW 40 million was collected from the above A to have A run the brokerage business.

Judgment

The evidence that there is a criminal fact in the criminal procedure shall be presented by the prosecutor, and even if the indictment of the Defendants is unreasonable and false, it shall not be disadvantageous to the Defendants. The proof of a criminal fact requires the judge to have a high probability of being recognized to the extent that there is no reasonable doubt. If there is no evidence to form a conviction, even if there is suspicion of guilt against the Defendants, it shall be judged as the interests of the Defendants.

As to the instant case, the Health Council;

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