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(영문) 부산지방법원 2013.04.25 2012고정3994
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the mediation assistant of the E Licensed Real Estate Agent Office located in Jung-gu, Busan from January 29, 2007 to July 201, and is the mediation assistant of the F Licensed Real Estate Agent Office located in Jung-gu, Busan from October 21, 201.

1. Notwithstanding the fact that a broker, etc. was unable to receive money and valuables in excess of legal fees or actual expenses under any pretext such as precedent, donation, etc., the Defendant, on September 21, 2009, rendered a brokerage of a contract to lease deposit amounting to KRW 80 million with J of KRW 1-2 of the first floor of H, Busan, Jung-gu, Busan, Busan, and KRW 2.5 million of monthly rent, and received KRW 15 million from the above J as a brokerage commission, in excess of the legal brokerage commission.

2. No person other than a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto.

Nevertheless, the Defendant, from July 201, called himself as the representative of the licensed real estate agent and the licensed real estate agent office from around July 201, issued the name of "G real estate consulting representative A" to the customers visiting the above office for real estate transaction, etc. at the G Licensed Real Estate Agent Office located on the fourth floor of Busan Jung-gu, Busan.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Investigation report (verification of suspect A mobile phone number guide document);

1. Application of Acts and subordinate statutes of the business registration certificate and the table of inquiry requesting the details of transactions in demand;

1. Relevant Article 49 (1) 2 and Article 8 of the Act on Business Affairs of Licensed Real Estate Agents for the Selection of Punishment, Report of Real Estate Transactions, Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, Article 49 (1) 10 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, and Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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