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(영문) 대구지방법원 경주지원 2014.11.26 2014고단541
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is an operator of the “E” located in the Dok-si.

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the Si, etc. having jurisdiction over the area where he/she intends to establish a brokerage office. However, on June 29, 2013, the defendant, without registering the establishment of the brokerage office, shall correct ex officio the date and time No. 6 each year as “ August 21, 2013,” including the fact that the defendant, at the above E office, mediates the sales and purchase contract for the racing F, G site and its ground building, and received 30 million won brokerage commission from the buyer H by August 21, 2013.

As such, the brokerage business was operated by collecting the total brokerage commission of 30,80,000 won, etc. over nine times in total.

2. Defendant B is an operator of “J” in the first floor of the I building at the time of racing.

Although a licensed real estate agent is able to establish only one brokerage office within the jurisdiction of the registration authority, the defendant operated two brokerage offices within the jurisdiction of the registration authority by operating two brokerage offices of the same trade name on the first floor of the K Building from February 18, 2013 to February 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. The prosecutor's office and the police's statement concerning L;

1. The application of Acts and subordinate statutes of Section 1 of the case law to the following cases: a petition, joint signature list, each document of exchange, each brokerage commission, each real estate sales contract (F site and building, G site), each simplified receipt, simplified receipt, studio rental contract, each copy of passbook (M), complaint, accusation, investigation report (registration certificate, etc. of brokerage office), certificate of registration of brokerage office and licensed real estate agent, investigation report (in relation to M& currency content of a lessor), investigation report (in relation to submission of evidentiary materials by a suspect), value-added tax base certification, business registration certificate (A), investigation report (in summary of recording), investigation report (in relation to KRW 30 million claimed by a suspect as consulting fee);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: the former licensed real estate agent.

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