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(영문) 대전지방법원 2016.12.08 2016고정810
공인중개사법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A on December 28, 2012, a person who obtained a registration certificate of establishment of a brokerage office from the head of the Gu in Daejeon Metropolitan City and registered the establishment of the F Licensed Real Estate Agent E in Daejeon, and Defendant B is a person who actually operates the said real estate.

No broker shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person.

1. From October 24, 2014 to May 6, 2015, Defendant A lent the said F Licensed Real Estate Agent Office registration certificate to B at the said F Licensed Real Estate Agent Office, and caused B to render brokerage services in the name of B or F Licensed Real Estate Agent B with respect to the real estate, etc. located in Daejeon-gu I, J, and K between the seller and the buyer H.

2. From October 24, 2014 to May 6, 2015, Defendant B rendered brokerage services using the name of A or F Licensed Real Estate Agent in selling and buying real estate of the said G, H, etc. upon borrowing the registration certificate of F Licensed Real Estate Agent Office in the name of A from October 24, 2014 to May 6, 2015

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, L, M, and N;

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. Judgment on the assertion by the Defendants and the defense counsel of the real estate sales contract, each real estate lease contract, each investigation report (verification of monetary particulars, etc.), specification of transactions, requests and replies for provision of financial transaction information, and copies of a certificate

1. The summary of the assertion is that Defendant A actually employed Defendant B as a broker assistant while operating the F Real Estate Agent Office, and Defendant A did not lend the qualification certificate to Defendant B.

2. “Lending of a licensed real estate agent’s qualification certificate” prohibited by Article 7 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013) means any other person.

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