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(영문) 수원지방법원 2018.07.05 2018고정894
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a certified broker who has been operating the "C Authorized Broker Office (former D Authorized Broker Office)" located in Suwon-si Office B from December 1, 2014, and E is a brokerage assistant who has been working in the above certified broker office from December 4, 2014.

No certified brokerage broker, affiliated certified brokerage agent, brokerage assistant, etc. shall make any judgment on important matters relating to transactions of the relevant object of brokerage by false words or other means.

Nevertheless, around February 28, 2015, E arranged a lease contract under subparagraph 306 of the above C Certified Broker Office with the victim F who is the client, the above C Certified Broker Office, and the above building can be registered by each household as a multi-family housing (multi-household housing) and did not notify the victim of the fact that the above 306 is not in existence in the register as a so-called so-called "illegal divided foundation", thereby allowing the victim to enter into a lease contract with the lessor H and the above 306 on the same day from April 25, 2015 to April 25, 2017.

As a result, the defendant's brokerage assistant E belonging to the brokerage office operated by himself commits a false speech or behavior concerning important matters relating to the transaction of the object of brokerage, which led to the violation of the defendant's brokerage business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E (three times);

1. Statement made by the police with regard to F;

1. Complaints, etc.;

1. Application of Acts and subordinate statutes to the lease contract, explanation of confirmation of brokerage, certified copy of land register, or register of real estate brokerage offices;

1. Article 50, Article 49 (1) 10, and subparagraph 4 of Article 33 of the relevant Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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