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(영문) 부산지방법원 동부지원 2018.05.30 2018고정91
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

On November 29, 2016, the Defendant was sentenced to a suspended sentence of one year for four months by assault, etc. at the Busan District Court. On December 7, 2016, the judgment became final and conclusive.

The Defendant is a person who had worked as a brokerage assistant at the “D Authorized Brokerage Office” located in Busan Metropolitan Government Section from November 5, 2015 to July 15, 2016.

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 where he/she intends to establish such brokerage office, and shall not run a brokerage business without registering the establishment of such brokerage office.

Nevertheless, on April 14, 2016, the Defendant introduced the main points to H at the request of G, a lessee of the part of the “three-story E-S and the fifth-story building in Busan Suwon-gu, which is a lessee of the third-story E-S and the fifth-class building,” and arranged transactions to enter into a lease contract between I and H, who is the owner of the building, and received KRW 500,000 from G as an intermediary fee.

The Defendant run a brokerage business without registering the establishment of a brokerage office with the registry office from November 5, 2015 to July 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution against J;

1. Statement made by the police with H;

1. A criminal investigation report (F dynasing telephone conversations prior to dynasing bar), copy of transaction details of passbooks by suspects, and investigation report (verification of service period);

1. Previous conviction in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Article 48 of the relevant Act on criminal facts, and Article 48 of the Act on the elective Brokerage of Judicial Punishment, Articles 48 and 9 of the Act on the Selection of Fines and Fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (the age and environment of the defendant, the background and result of the crime of this case, violence against the judgment in the same manner as the crime of violence against the judgment in the judgment, etc.);

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