Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who is not a certified brokerage agent for the use of a similar name shall not use the name "authorized Brokerage Agency", "Real Estate Brokerage", or any similar name;
Despite the fact that the Defendant is not an authorized broker of the opening business, from October 2010 to June 16, 2017, the Defendant used the signboard "E real estate" in Yangyang-gun D in Gyeonggi-do, thereby using the name similar to that of the certified broker of the opening business.
2. A person who intends to run a brokerage business without registration shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and no person shall run the brokerage business without registration of the establishment of the brokerage office;
Nevertheless, on March 12, 2012, the Defendant, without registering the establishment of a brokerage office with the competent authority, carried on the brokerage business without registering the establishment of a brokerage office with the total amount of KRW 45 million for three times from the date of the following crimes, including two persons, including G, etc., two persons, such as purchaser H, and two persons, and three hundred million won for the purchase price, and three million won for fees, from the date of the registration of the establishment of the brokerage office, in the “E Real Estate” located in Yangyang-gun, Gyeonggi-do, Yangyang-gun, Gyeonggi-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Protocols of seizure by prosecution;
1. Investigation report (report on the result of execution of a warrant of search and inspection);
1. A written accusation;
1. Application of Acts and subordinate statutes on office photographs operated by the defendant;
1. Article 49(1)6 and Article 18(2) of the former Act on the Business of Certified Private Brokerage and Report of Real Estate Transactions (Amended by Act No. 1434, Dec. 2, 2016); Articles 48 subparag. 1 and 9 of the former Act on the Business of Certified Private Brokerage and Report of Real Estate Transactions (Amended by Act No. 1434, Dec. 2, 2016); Articles 48 subparag. 1 and 49 of the former Act on the Business of Certified Private Brokerage and Report of Real Estate Transactions; and Articles
1. The aggravated Criminal Act for concurrent crimes.