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(영문) 청주지방법원 충주지원 2013.07.24 2013고정141
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall carry on the brokerage business without the registration of establishment of a brokerage office.

On December 21, 201, the Defendant and B, even though they are not brokers, concluded a sales contract to purchase the Friju in E from Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-si, for KRW 780,000,000,000 (hereinafter “instant sales contract”).

Around that time, the Defendant and B came to have divided the “mediation commission to be received from CF and D” in relation to the instant sales contract.

On December 22, 2011, the Defendant received 7,020,000 won as a brokerage commission from the Nonghyup Co., Ltd., the purchaser.

B under the pretext of brokerage commission, G, the seller, was issued KRW 20 million on December 22, 201 (B, from the same day to the defendant) and KRW 30 million on February 3, 2012 (B, from the same day to the defendant).

On February 3, 2012, the Defendant and B received KRW 39,707,070,070 from H’s account (B on the same day, KRW 1,000,000,000,000,000 from the same day, and KRW 18,707,07,070 from the Defendant to the said H in return for lending the account).

As a result, the Defendant and B received a total of KRW 96,727,070 in connection with the instant sales contract from Nonghyup and D, and calculated the commission fee actually acquired by the Defendant and B among the above KRW 96,727,070.

C. Defendant 59,020,00 = 7,020,00 = 10,000,000 22,000,000 = 20,000 B 19,000 B 19,000,000 = 8,000,000 + 10,000,000 8,0000,000 18,707,007,070 = 39,707,07,00 = 39,707,00-1,000-1,000-20,000-20,000,727,7070, and without registration of the establishment of the brokerage office, the Defendant conspired with the above brokerage office in collusion with the Defendant without registration of the establishment.

Summary of Evidence

1. Part of the defendant;

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