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(영문) 서울중앙지방법원 2016.08.17 2015고정3873
공인중개사법위반
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a certified intermediary established and registered in the Gu office of Jung-gu Seoul, Seoul, with the trade name "E Certified Agent Office" from around April 21, 2010 to D1, and Defendant B is an affiliated broker of the above established and registered in the Gu office of Jung-gu, Seoul.

1. No person who is a defendant B may render brokerage services using another person's name or trade name;

Nevertheless, the Defendant, at around 12:00 on February 12, 2015, rendered brokerage services by using the name of the above A and the trade name of the E-authorized Brokerage Office, a private person who opened a real estate lease agreement with the lessor’s Jung-gu Seoul Jung-gu Seoul Special Metropolitan City building of KRW 1,40,000,000,000 in the lessee’s name and KRW 600,000 in the lessee’s name, and received 50,000,000 from the above lessee’s H as a fee.

Accordingly, the defendant used another person's name or trade name to render brokerage services.

2. Defendant A rendered brokerage services using the name and trade name of the Defendant in relation to the brokerage business as set forth in B, which is the cause of affiliated assistance, at the same time and place.

Summary of Evidence

1. The legal statement of the witness H (I after the opening of the session);

1. Statement made by the police with H;

1. A copy of H’s statement;

1. Application of Acts and subordinate statutes on a copy of a real estate lease agreement, a certified broker's license, a certificate of confirmation of a brokerage assistant, and receipts;

1. Article 50, Article 49 (1) 7, and Article 19 (2) of the Act on Authorized Brokerage, and Article 19 (1) 2 of the Act on Authorized Brokerage, Defendant B selected: Articles 49 (1) 7 and 19 (2) of the Act on Authorized Brokerage, and Articles 49 (2) of the Act on Authorized Brokerage, and Selection of Fines;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. Defendants who bear the costs of lawsuit: The main sentence of Article 186(1) of the Criminal Procedure Act

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