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(영문) 대구지방법원 2015.08.28 2014고정2887
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the brokerage assistant of the "E Real Estate Brokerage Office" located in Yongcheon-si D, and the defendant B is the representative of the above brokerage office and the licensed real estate agent.

1. Defendant A

(a) No person who acts as a broker using another person's name or trade name shall render brokerage services using another person's name or trade name;

Nevertheless, around May 22, 2014, the Defendant, at the E Licensed Real Estate Agent Office located in Yongcheon-si D, actively participated in the buyer F in the preparation of the contract, such as the neighboring market price, price guidance, and demand for the preparation of a multilateral contract with respect to the contract for two parcels outside Yongcheon-si, Yongcheon-si, and thereby, F made a contract with F, thereby making use of B’s name and the trade name of the E Licensed Real Estate Agent Office.

(b) No person other than a licensed real estate agent using any name similar to that of a licensed real estate agent shall use the name of licensed real estate agent or any other similar name.

Nevertheless, the Defendant used the name similar to that of a licensed real estate agent, even if it is not a licensed real estate agent, by delivering the name “H” to the buyer F, at the time and place indicated in the preceding paragraph.

2. No defendant B shall allow another person to render brokerage services using his/her name or trade name;

Nevertheless, the Defendant, at the time and place stated in paragraph (1) of Article 1, had a broker assistant A belonging to the licensed real estate agent office of the Defendant participate in the overall real estate sales contract by using the name of the licensed real estate agent B and the trade name of the E licensed real estate agent office with respect to the contracts for two parcels outside Yongcheon-si, Young-si and two parcels.

Accordingly, the defendant allowed A to render brokerage services using the name of the defendant and the trade name of the E-authorized brokerage office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and I;

1. Statement of the police with J 1.

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