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(영문) 광주지방법원 2019.09.20 2019고정572
주택법위반등
Text

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

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

Reasons

Punishment of the crime

No person shall resell a house subject to the upper price ceiling system and the status of being selected as an occupant of such house or mediate the resale thereof before a period prescribed by Presidential Decree expires.

In addition, a person who intends to engage in 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 the Ministry of Land, Infrastructure and Transport, and shall not engage in brokerage business without

Nevertheless, the Defendant served as a brokerage assistant at the “D Licensed Real Estate Agent Office” located in Gwangju Mine-gu, which is operated by practicing licensed real estate agent B, from September 2, 2014 to March 31, 2017. On September 10, 2016, “F store” located in Gwangju Seo-gu, without registering the establishment of a brokerage office, and without registering the establishment of a brokerage office, was prohibited from resale of the sales price for one year from August 31, 2016, where the sales price ceiling is applied and the sales price contract can be concluded, with respect to the right to sell housing H apartment in the Nam-gu, Nam-gu, Gwangju Metropolitan City, the Defendant arranged the process of resale to J (final buyer) by receiving KRW 10 million in cash, and received KRW 500,000,000 from J.

Therefore, although the defendant is a house subject to the upper price ceiling system, he/she arranged the status of being selected as an occupant or the resale of a house in violation of this system, and operates a brokerage business without registering the establishment of a broker office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against J and I;

1. Application of Acts and subordinate statutes to report internal residence (to attach a letter of public announcement of the invitation of occupants of luminous G and K apartment houses);

1. Article 101 Subparag. 2 of the former Housing Act (Amended by Act No. 14344, Dec. 2, 2016); Article 64(1)2 of the former Licensed Real Estate Agents Act (Amended by Act No. 1434, Dec. 2, 2016); Article 48 Subparag. 1 of the former Licensed Real Estate Agents Act (Amended by Act No. 14334, Dec. 2, 2016) regarding criminal facts.

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