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(영문) 대구지방법원 2018.04.27 2018고정139
공인중개사법위반
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 24, 2017, the Defendant is a certified broker who operates D offices in the Gyeongdong-gun C and the first floor, and E, the reason for assisting the Defendant, committed the following acts with respect to the Defendant’s duties:

1. No one shall operate a brokerage business without registering the establishment of a brokerage office with the competent authority, and no certified brokerage broker, etc. for his/her opening business shall receive money and valuables in excess of the prescribed remuneration or actual expenses from the client with respect to the brokerage business;

Nevertheless, on July 24, 2017, E mediates a sales contract between G and buyer H, which is the owner of land and housing in the Gyeongdong-gun, G and buyer H, etc. at the above office around the day of July 24, 2017. The buyer H received five million won more than 650,000 won in the name of E in the name of E, under the pretext of a commission for brokerage.

2. No person, other than an authorized broker, shall use the name of an authorized broker or similar name;

Nevertheless, on July 24, 2017, E used the name of a certified broker or a similar name, even if it is not a certified broker, by stating "D office, E, apartment/Housing/Land/studio sale/lease."

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to I by the police;

1. H's certificate;

1. A copy of a real estate sale contract, a statement verifying objects of brokerage, or a statement (E);

1. Application of Acts and subordinate statutes indicating the rate of remuneration for the brokerage of real estate in latitude-do;

1. Article 50, Article 48 subparag. 1, and Article 9 (U.S. Operation of Unregistered Brokerage Business), Article 50, Article 49(1)10, and Article 33 subparag. 3 (Receipt of money or goods in excess of remuneration) of the Authorized Brokerage Act, Article 50, Article 49(1)2, and Article 8 (Use of Name of Authorized Broker) of the Authorized Brokerage Act concerning facts constituting an offense;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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