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(영문) 수원지방법원 2016.08.17 2016노2135
공인중개사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s “C” used by the misunderstanding of facts and legal principles cannot be said to be “a certified brokerage office, real estate brokerage office, or similar name,” as prescribed by Article 18(2) of the Certified Judicial Brokerage Act, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, pursuant to Article 18(2) of the Act, a person, other than an authorized broker, shall not use the name “authorized broker office”, “real estate brokerage”, or similar.

In addition, whether it falls under such similar name shall be determined by whether a general person is likely to mislead a person using such name as an authorized broker for business operation (see Supreme Court Decision 2014Do12437, Jul. 23, 2015). 2) Comprehensively taking into account the evidence duly adopted and examined by the court below, the following facts may be recognized.

① On July 15, 2015, the Defendant passed the 15th qualifying examination for certified intermediaries, and acquired the qualification for certified intermediaries. On July 15, 2015, the facts charged in the facts charged in the 15th floor in which the Defendant entered into force in 2005, stated “Hanam City G and the 1st floor in the Hanam City” as “Hanam-si G and the 1st floor in the Hanam-si.”

In order to run the brokerage business under the name of "C Authorized Broker Office", the real estate brokerage office was applied for registration of establishment.

2. However, it is difficult to accept registration on the part of illegal extension of the building.

After withdrawing the same on July 17, 2015, the Defendant put up an outdoor signboard with the name of “C Representative A” in the same place from around August 5, 2015 to September 30, 2015 for which the instant summary order was requested.

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