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(영문) 수원지방법원 안산지원 2018.08.22 2018고정6
공인중개사법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, as an authorized broker for the opening of the charged facts, operated D office in Section C of the building B from April 2015 to Si interesting City.

A certified broker for commencement of a business shall not allow any other person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to any other person, but the defendant, on April 13, 2015, via his/her name, shall allow E to act as a broker for a lease contract for land in optical F and G with the name of the defendant, and the same year.

4. The same year in which a lease contract for the land in H is arranged at Sinsi-si on January 15, 200.

4. 18. Brokerage of a lease contract for commercial buildings located I in Sii-si I, and the same year.

5. 25. Brokerage of a lease contract for the land in the J of Si/Gu, Si/Gu, and the same year.

7. 8. From that time to July 8, 2015, it had E engage in brokerage services using his/her name or trade name, from that time, such as arranging a contract for the lease of a factory located in K, etc. in Si-si.

2. Determination:

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent of undermining such conviction, even if there is doubt of guilt such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Article 19(1) of the Certified Private Brokerage Act provides that “No certified broker of opening business shall have another person engage in brokerage business using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to another person,” and here requires another person to render brokerage services using his/her name or trade name.

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