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(영문) 대구지방법원 2016.08.10 2016고정115
공인중개사법위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is an authorized broker of the "E Authorized Broker Office" located in Daegu-gu, Daegu-gu, and Defendant B is a person who has been reported as an assistant of the said brokerage office from January 27, 2015.

1. No certified defendant A shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, around June 25, 2015, the Defendant had B B, as described in paragraph 2, act as a broker for the sale of real estate to G buyers who sell the seller’s land owned by G.

Accordingly, the defendant allowed B to render brokerage services using his name and trade name.

2. No one shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

Nevertheless, around June 25, 2015, the Defendant: (a) used the name and trade name of the said E-official brokerage office; (b) used the seller’s name and trade name; (c) sold real estate for KRW 168 million to G buyers for sale of real estate for KRW 183 square meters, which is the seller’s F.

Accordingly, the defendant used the name and trade name of A to render brokerage services.

Summary of Evidence

1. Part of the Defendants’ respective legal statements

1. The witness G’s legal statement (as to Defendant A)

1. A written statement G and I (as to Defendant B)

1. Application of Acts and subordinate statutes to a copy of a bankbook, each sales contract, and real estate brokerage registration ledger;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 49(1)7 and Article 19(1) of the Certified Judicial Brokerage Act (Optional to a punishment);

B. Defendant B: Article 49(1)7 and Article 19(2) of the Certified Judicial Brokerage Act (excluding punishment)

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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