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(영문) 수원지방법원 안양지원 2014.06.27 2013고정1297
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants were punished by fine.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent of the E Licensed Real Estate Agent Office, and Defendant B is a broker of the E Licensed Real Estate Agent Office without registering as an intermediary assistant.

1. Defendant A: (a) around January 24, 2013, the name of the E Licensed Real Estate Agent Office (hereinafter “Defendant A”); (b) had Defendant B act as a sales broker for G, who wishes to purchase a car center site at the E Licensed Real Estate Agent Office located in 104, to purchase the car center site; and (c) the same year.

2.5. Having a sales contract at the J Licensed Real Estate Agent's Office in Speaker I, and had another person carry out brokerage services using his name or trade name.

2. Defendant B mediated a real estate sales contract under the name of the E Licensed Real Estate Agent Office as described in paragraph (1).

Summary of Evidence

1. Defendant A’s statement (in particular, Defendant A’s statement that he/she has affixed his/her seal on whether he/she found a lot of fake car center site to the Defendants, etc.) (in the form of the contract, Defendant B’s statement to the effect that he/she arranged a sales contract of the instant land and received three million won brokerage commission from G (in the investigation record, 169-170, 182 pages)

1. Application of the Acts and subordinate statutes governing witness G and K's respective statutory statements;

1. Facts constituting the crime A: Articles 49(1)7 and 19(1)2 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act: Articles 49(1)7 and 19(2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act

1. Each selective fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant B, a disqualified reason for sentencing of Article 334(1) of the Criminal Procedure Act of each of the provisional payment orders, has mediated the sales contract of the instant real estate in the name of the E Licensed Real Estate Agent Office.

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