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(영문) 청주지방법원 2015.12.18 2015고정854
공인중개사법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The term "B" means a person who is engaged in real estate-related business in a mutual name.

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, on January 20, 2012, the Defendant, at the office of the B business in the management of the Defendant, located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, that he/she arranged a contract to trade approximately KRW 365,000 for KRW 70,000 to F and received KRW 2,00,000 as a brokerage commission in that place, and that he/she runs the real estate brokerage business to intermediate the sale of real estate by December 29, 2012, as shown in the attached list of crimes, from that time.

Summary of Evidence

1. The defendant's partial statement 1, and witness G's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Copy of the business registration certificate, or copy of the judgment (Evidence No. 9);

1. Application of Acts and subordinate statutes to a copy of a real estate sales contract (Evidence List No. 2);

1. Subparagraph 1 of Article 48 and Article 9(1) of the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014);

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act on the Detention in the Labor House (the Defendant did not receive money in terms of expenses and does not receive brokerage fees) of the Criminal Act. However, it is decided as per Disposition in light of the following: (a) the Defendant’s occupation or the name used by the Defendant; (b) other expenses, such as the amount and money received by the Defendant; (c) the time or amount of money received by the Defendant; and (d) accounting accounts, survey expenses

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