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Reasons
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(영문) 전주지방법원 2016.04.22 2015고정870
공인중개사법위반
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is a person who operates a lawsuit of “E-authorized Brokerage Agent” in Jeonju-si, Jeonju-si D.

Despite the fact that only one brokerage office may be established, the Defendant, around November 2014, had two or more brokerage offices with the name of "E-style broker" in the name of "E-style F and 102 square meters of 43.2 square meters."

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of a witness I;

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

1. Relevant Article of the Act and Article 49 (1) 4 and Article 13 (1) 4 of the Judicial Act as a matter of course for an optional brokerage of criminal facts;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

4. Determination on the key issue of Article 186(1) of the Criminal Procedure Act, which is the cost of lawsuit

1. The summary of the Defendant’s and the defense counsel’s assertion is the office run by the J, which is a certified broker office irrelevant to the Defendant, as the office run by the J (hereinafter “instant brokerage office”).

2. In full view of each evidence duly adopted and investigated by this court, the following circumstances acknowledged by this court, namely, ① the Defendant: (a) leased Hujin-gu Seoul Special Metropolitan City F, 102 on June 28, 2014; and (b) leased her F, 102 to K and had K operate a mutual brokerage office as “LA certified broker”; and (c) K closed down around October 30, 2014 and left away from the same place; and (d) the Defendant, “M certified broker” from around that time until February 2, 2015, expressed its trade name on the exterior wall and glass door of the brokerage office in the name of “E certified broker” by adding or adding “O” to “O” in front; and (d) the instant brokerage office was located in the so-called OE city located in the Jeonju Special Metropolitan City, thereby adding “O” to “O”.

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