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(영문) 대구지방법원 경주지원 2016.09.28 2016고단162
공인중개사법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of

Nevertheless, on October 15, 2014, the Defendant: (a) arranged a sales contract to purchase the said real estate from G Co., Ltd., the owner of the said real estate; (b) around November 12, 2014, at the real estate office located in Sejong-si, a real estate office; (c) as to the 10,160 square meters of the F-si factory site and the pipe block building located on the said land at the request of E purchase; and (d) received KRW 30,000,000,000 from E, as a brokerage commission, from around November 12, 2014.

Accordingly, the defendant operated a brokerage business without registering the establishment of a brokerage office to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes governing a written accusation, a real estate transaction contract, receipt, and a certificate of remittance confirmation;

1. Relevant Article of the Acts concerning facts constituting an offense and subparagraph 1 of Article 48 and Article 9 of the Judicial Act as an alternative certified judicial broker for the imposition of a sentence;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that the defendant has the criminal history of the same kind of crime, but the defendant makes a confession late later in this court, and takes into account all the circumstances such as the situation of this case);

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