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(영문) 광주지방법원 목포지원 2013.07.02 2013고정234
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

Any person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent authority, and no person who is not a licensed real estate agent shall apply for the registration of the establishment of a brokerage office.

The defendant does not register the establishment of a brokerage office with a competent authority;

1. Around July 9, 2008, in C offices located in Chungcheongnam-Gun, Chungcheongnam-do, Jeonnam-do, with a view to arranging a real estate transaction contract for the F. 842 square meters, G. 1,266 square meters, and 2,828 square meters prior to H, and received from D with a fee of KRW 1.8 million and KRW 3 million from network E, respectively;

2. On April 22, 2009, by arranging a real estate transaction contract with D and I for the real estate trading of 1,078 square meters and 269 square meters prior to K prior to the JJ between D and I in the Bluan-Gun in the Bluan-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, and receiving KRW 1.2 million from D with the fees;

3. On January 2012, 2012, at the house of D located in the Jeonnam-gun L, Jeonnam-gun, M, as a broker for a real estate trading contract of 30,66 square meters for the entire NA-Gun N on the 3669 square meters between D and M, and received KRW 11 million from D as a fee and KRW 3 million from M.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 48 subparagraph 1 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (to select fines and reflect the punishment); Article 9 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (to determine the amount of fines in an amount that can replace community service by taking into account the fact that there is no other penalty power except for fines exceeding 700,000 won due to the crime of injury in 202; and that there is no other penalty power; and that the wife and four persons are supported by the person without the duty

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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