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(영문) 대전지방법원 서산지원 2017.08.11 2017고정130
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

C is a person registered and operated from March 4, 2016 to Seosan City D and 101 Dongdong 101, and the defendant is a person registered as a brokerage assistant of the above office from March 18, 2016.

1. On January 2, 2016, the Defendant, without registering the establishment of a brokerage office at the above office, conducted the brokerage business without registering the establishment of the brokerage office at the seller F and G, under a contract between the seller F and G buyer for the purchase and sale of the H apartment units KRW 503,565,00,00 in the amount of KRW 230,565,00,000, under the pretext of the fee, and received KRW 1,000,000 from the seller.

2. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate.

Nevertheless, on March 15, 2016, the Defendant arranged two sales contracts for Nos. 209 and 210 for the first floor of No. 209 and No. 210 in Seosan-si's neighborhood living facilities at the above office, and entered the name of the representative of the E brokerage office in the column of each sales contract, and carried out brokerage services using the name of the E brokerage office C and the trade name of the E brokerage office, attaching C’s seal on the next side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against J, K, and C;

1. Lritten statements;

1. Written accusation of the J;

1. Each written confirmation of the defendant, C, and K;

1. Application of Acts and subordinate statutes to the register of real estate brokerage offices, such as a real estate transaction contract, each commercial transaction contract, the written report of real estate transaction, and the register thereof;

1. Article 48 Subparag. 1 and Article 9 of the relevant Act on Criminal facts and Article 48 of the former Authorized Judicial Brokerage Act (Amended by Act No. 1434, Dec. 2, 2016); Articles 49(1)7 and 19 of the Authorized Judicial Brokerage Act; and the selection of fines, respectively.

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 concerning the order of provisional payment;

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