logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.09.18 2018고정376
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run the brokerage business shall register the establishment of a brokerage office with the administrative agency having jurisdiction over the area where he/she intends to establish the brokerage office;

On September 2, 2013, the Defendant: (a) requested D to act as a broker for the sale of “613 square meters” at a public brokerage office located in Chungcheongnam-gun, Chungcheongnam-si, Cheongju-si, Cheongju-si; and (b) mediated a sales contract to sell the said land to G acting in F; (c) received KRW 2 million from D as a broker fee and KRW 2 million from G.

Accordingly, the defendant carried on the brokerage business without registering the establishment of a brokerage office in the competent administrative office.

2. No person shall provide brokerage services using the name or trade name of another person;

On June 15, 2015, the Defendant: (a) used the H Authorized Brokerage Office in the Cheongbuk-gun, the name of “H Authorized Brokerage Office”, and the name of “H Authorized Brokerage Office” in the H Authorized Brokerage Office in the Cheongbuk-gun, and (b) requested that F act as an intermediary for sale of “Cheongju-si, Cheongju-gun, J, 2,705 square meters” from “Cheongju-si, Cheongju-si,” and (c) operated a sales contract with the said G selling the said land in the amount of KRW 510,00,000 on a deposit basis; and (d) received KRW 5,00,000 from the said G as an intermediary fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against G and M;

1. A president of the F;

1. Application of Acts and subordinate statutes governing each real estate transaction contract and all certificates registered;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 48 subparagraph 1 or 9 of the Act on the Business Affairs of, and Report on Real Estate Transactions in, the former Authorized Broker who has selected a punishment, and Articles 49 (1) 7 and 19 (2) of the Act on the Report on, Real Estate Transactions (each of the fines) of the same Act;

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. It is so ordered as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.

arrow