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(영문) 창원지방법원 통영지원 2014.04.18 2013고정748
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a licensed real estate agent who has completed the registration of a brokerage office under the trade name of “E Licensed Real Estate Agent” in Dong Young-si, and Defendant A is a brokerage assistant of the above brokerage office.

1. Defendant A’s brokerage assistant shall not engage in the business concerning the essential part of the brokerage business, beyond “a simple assistance related to the brokerage business of the broker, such as field guidance on the object of brokerage and general affairs, etc.,” which is the business of a licensed real estate agent and an intermediary under Article 2 subparag. 6 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

Nevertheless, on January 27, 2013, the Defendant explained whether or not the price of the object of brokerage or the establishment of security is established in order to have the real estate sales contract, which sells G apartment G 201 1205 Dong 1205, G apartment to H in the above brokerage office, and by means of remitting the amount of one million won as to the object of brokerage, thereby mediating an act on the acquisition, loss, or transfer of the right to the object of brokerage, thereby making the principal part of the brokerage business.

Accordingly, the defendant used another person's trade name to render brokerage services.

2. No defendant B shall allow another person to render brokerage services using his/her name or trade name;

Nevertheless, as stated in paragraph (1), at the time and place of Defendant 1’s entry, A, a broker assistant, using the trade name of “E Licensed Real Estate Agent”, had the broker assistant go beyond the scope of the broker’s business under subparagraph 6 of Article 2 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and made the broker’s essential part.

Summary of Evidence

1. Witness of H;

1. The police statement of H;

1. Application of Acts and subordinate statutes (Evidence No. 12) of photographs;

1. Article 49 (1) 7 and Article 19 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Defendant A who choose a fine: Defendant B of a fine:

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