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(영문) 대구지방법원 서부지원 2015.05.01 2015고정225
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 4, 2012, even if a licensed real estate agent does not lend his certificate of licensed real estate agent to another person, the defendant, at the D Licensed Real Estate Agent Office located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Kim Sung-gun, engaged in the sale and brokerage of the building of the first and third floor above that located in the D Licensed Real Estate Agent Office located in Seongbuk-gun, Seongbuk-gun, Sungbuk-gun, and caused H to provide brokerage services by lending the qualification certificate of the defendant to G

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (including H part of the statement);

1. Statement of the police officer with regard to H and the name cards attached thereto;

1. Each police statement concerning G;

1. A real estate sales contract;

1. Application of Acts and subordinate statutes of each contract attached to a report on investigation (attached to a contract) and agreement;

1. The pertinent legal provisions on criminal facts and Articles 49(1)1 and 7(1) of the Act on Report of Real Estate Transactions (amended by Act No. 11866, Jun. 4, 2013; hereinafter “former Licensed Real Estate Agent Act”); the selection of a fine [the defendant] of the qualification certificate of licensed real estate agent, which is prohibited by the former Licensed Real Estate Agent Act, does not lend because he/she himself/herself, directly or together with H, engages in the principal business of brokerage, such as sealing his/her seal on the broker column of the sales contract of this case. However, the term “loan of qualification certificate of licensed real estate agent” means lending of qualification certificate so that other persons can conduct the business of licensed real estate agent using his/her qualification certificate. This includes all cases where a person without qualification is allowed to conduct the business of licensed real estate agent, but in substance, a person without qualification is required to perform the business of a licensed real estate agent (see, e.g., Supreme Court Decision 2006Do9334, Mar. 29, 2007).

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