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(영문) 제주지방법원 2017.01.16 2016고정852
공인중개사법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At Jeju, the defendant is a member of the D Authorized Broker's Office affiliated with C.

No authorized broker, etc. of the opening business shall conduct direct transactions with the client or represent both parties to the transaction.

Nevertheless, on March 2016, the Defendant received a request from the seller to sell the Fm2 in Jeju City from the seller at the above D’s office, and concluded a real estate sales contract to purchase the said land at the H’s office located in Jeju, and on April 5, 2016, the Defendant concluded a real estate sales contract (sale price: 160 million won, contract deposit: 20 million won) with the seller to purchase the said land from the seller at the H’s office located in Jeju.

As a result, the defendant directly traded with the client.

Summary of Evidence

1. Statement by the defendant in court;

1. Matters concerning the accusation of the Jeju market, I's statement, copy of the real estate transaction contract, receipts for the cancellation of the contract, details of transactions, written questions, written questions (J), register of real estate brokerage offices, register of real estate brokerage offices, employment of brokerage assistants, and dismissal of the relevant broker;

1. Each protocol concerning the examination of suspect A or K of the police;

1. Application of Acts and subordinate statutes to E of the police statement protocol and a copy of real estate transaction contract;

1. Relevant legal provisions and choice of punishment for facts constituting an offense: Article 48 subparagraph 3 of the Act and Article 33 subparagraph 6 of the Act on Authorized Brokerage; Selection of a fine;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The conditions favorable to the reasons for sentencing: the initial offender;

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