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(영문) 광주지방법원 장흥지원 2015.05.28 2014고정47
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 700,000,000 and by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who served as a brokerage assistant at the F office located in Gangnam-gun E from May 30, 201 to December 9, 2013.

No broker, etc. shall conduct direct transactions with the client or act as an agent for both of the transaction parties.

Nevertheless, at the above F office around January 2013, Defendant B leased the instant land from Defendant A to “the land other than 10,000,000 won (hereinafter “instant land”). The land owner sold at KRW 25,00 per square meter. The land owner would sell the same condition. However, the land owner would sell the land to Defendant A, who was requested to “as there is no money, to introduce the purchaser of this land,” and purchased the instant land directly to the intermediary, and directly sold it to the broker, and then, to the difference. Defendant A requested that Defendant A lend the name of “the land to reduce the price of the soil,” and Defendant A purchased the instant land from the agent of this case on February 15, 2013, and Defendant A purchased the instant land from the agent of this case, the owner of the instant land at KRW 105,00,000,000,000,000.

After March 5, 2013, Defendant B entered into a contract to sell the instant land to K in KRW 126,510,000 at the above F Office, and received KRW 15 million from the above K to the post office account (Account Number L) in the name of Defendant A.

As a result, the Defendants conspired to make direct transactions with the client.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. While the witness A and K’s statement in the second trial record asserts that there was no direct transaction with the client, the witness A and K consistently stated in the investigative agency and the court that “Defendant B traded directly with the client,” and Defendant B himself.

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