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(영문) 창원지방법원 2017.08.10 2017고정496
공인중개사법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the building business and is not a certified intermediary.

A. A person, other than an authorized broker, shall not use the name "authorized Brokerage Office", "real estate brokerage", or any other similar name.

Despite the fact that the Defendant is not an authorized broker of the opening business, around July 2015, the Defendant used the name similar thereto as “a certified broker office” and “C real estate office” by inserting “a certified broker office” and “C real estate” on the website of real estate in the real estate office in Kimhae-si, Kim Jong-si.

(b) No person other than an authorized broker shall use the name of an authorized broker or similar.

Despite the fact that the Defendant is not an authorized intermediary, the Defendant used a similar name by stating “D”, which is the contact information of the Defendant, on the website of the C real estate in Kimhae-si, Kimhae-si, as if it were the contact information of the certified intermediary.

(c)

No person, other than an authorized broker, shall indicate or advertise the object of brokerage.

Despite the fact that the Defendant is not an authorized broker of the opening business, around February 2016, the Defendant advertised the Defendant’s personal block (E) with the Defendant’s contact address written on the Defendant’s personal block (E) and advertised three of the “direct trade, which is the two main toilets for the three living rooms of Jin apartment,” other than the “direct trade, which is the two main toilets,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Submission of data by the F Legal Team);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (1) 2 and 8 (referring to the use of a name, such as an authorized broker, by a person who is not an authorized broker) of the Act, Articles 49 (1) 6 and 18 (2) (referring to the use of a name, such as an authorized brokerage office, etc., of a person who is not an authorized broker) of the Authorized Brokerage Act, Articles 49 (1) 6-2 and 18-2 (2) of the Authorized Brokerage Act (referring to the use of a name, such as an authorized brokerage office, etc., of a person who is not an authorized broker), and each selective fine;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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