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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2183
공인중개사법위반
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 2,000,000.

B. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is an authorized broker who operates "G" from December 2014 to Busan Southern-gu F and 101, and Defendant B was a broker of the above certified broker office.

1. No certified broker of defendant A's practice shall allow another person to render brokerage services using his/her name or trade name;

Nevertheless, on January 11, 2015, the Defendant, using the above “G” trade name and the name of the representative of the Defendant, had B mediate the stud lease contract between the lessor H and the lessee I at the above authorized brokerage office, and around that time, up to February 28, 2015, the Defendant had B act as a broker for mediating the stud lease contract over a total of six times, as shown in the list of crimes in the separate sheet of crimes.

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

Nevertheless, on January 11, 2015, the Defendant used the above “G” trade name and the name of its representative A, thereby mediating the stud lease contract between the lessor H and the lessee I at the above authorized brokerage office, as well as mediating the stud lease contract between the lessor H and the lessee I, around that time, until February 28, 2015.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness J and K;

1. The legal statement of the witness B (as to the defendant A)

1. Application of each prosecutor's office to the Defendants, each protocol concerning the interrogation of suspects of the police

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 49(1)7 and Article 19(1)1 and Article 19(1) of the Certified Judicial Brokerage Act; the selection of fines

B. Defendant B: Article 49(1)7 and Article 19(2) of the Authorized Brokerage Act; the selection of fines

1. Determination as to the Defendant’s assertion of Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse

1. The defendant asserted that the defendant B only performed his duties as a broker assistant.

2. Determination.

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