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(영문) 부산지방법원 2014.06.26 2014고정1318
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. While Defendant A was prohibited from performing brokerage services using another person’s name or trade name, or using another person’s brokerage office registration certificate by transfer or lending, Defendant A rendered brokerage services such as preparing a real estate sales contract using the name and trade name of a real estate agent B, the representative of “E real estate development”, while mediating a real estate transaction in which “E real estate development” land in Gangseo-gu, Busan is sold to H for KRW 237,60,000,00, at the office of “E real estate development” located in Gangseo-gu, Gangseo-gu, Busan, Busan, on April 22, 2013.

2. Although Defendant B’s licensed real estate agent was prohibited from allowing another person to render brokerage services using his/her name, or transferring or lending his/her brokerage office registration certificate, the Defendant, at the office of “E Real Estate Development” located in Gangseo-gu Busan Metropolitan City on April 22, 2013, and at the office of “E Real Estate Development” located in Gangseo-gu Busan Metropolitan City on April 14:0, as described in paragraph (1), used his/her name while mediating a land sales contract between F and H.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. Application of statutes on a real estate sales contract or brokerage office registration certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49 (1) 7 and 19 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

(b) Defendant B: Articles 49(1)7 and 19(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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