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(영문) 서울중앙지방법원 2012.10.11 2012고정563
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office as prescribed by Ordinance of

Nevertheless, the defendant has not registered the establishment of a brokerage office with the competent authority;

1. With respect to the transfer of the right of lease, etc. at the stores Nos. 109 and 110 of the first floor of a building located in Gangnam-gu Seoul Metropolitan Government around August 2009 by D, who is the lessee of the said store, to E, it is mediated so that E, the owner of the said store, and F and G, who are the owner of the said store, can enter into a lease contract, and receive 2.3 million won from D as the

2. Around August 25, 2010, in cases where E re-transfers the right of lease, etc. of the above store to H at the same place as above, E mediates this to enable H, F and G to enter into a lease agreement, and received KRW 1.5 million from E as a fee.

Accordingly, the defendant runs the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Each legal statement of witness F, D, E, and H;

1. Some of the suspect's interrogation records on the accused (including D and E substitute part);

1. Application of Acts and subordinate statutes of each real estate lease contract (Investigation Record No. 41,96 pages);

1. Article 48 of the relevant Act and Articles 48 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting an offense, and Articles 9 (1) of the Act;

1. Article 70 and Article 69 (2) of the Criminal Act provides that "any person who runs a brokerage business without the registration of establishment of a brokerage office under Article 9" shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won, and Article 2 subparagraph 1 of the same Act shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 20 million won."

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