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(영문) 서울동부지방법원 2016.10.05 2016고정1331
공인중개사법위반
Text

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

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

Reasons

Punishment of the crime

1. Although Defendant A’s practicing licensed real estate agent was prohibited from allowing another person to engage in brokerage business using his/her name or trade name, the Defendant used the name and trade name of the Defendant with respect to the brokerage business of “Seoul Gwangjin-gu F301, 186 million won in the purchase price, G and H” between the seller and the buyer, and on November 28, 2015, Defendant A used the name and trade name of the Defendant with respect to the brokerage business of “Seoul Gwangjin-gu I Single Housing, Deposit 30 million won in the monthly rent, 350,000 won in the monthly rent, 350,000 won in the monthly rent, 350,000 won in the monthly rent between the lessor and the lessee K.”

2. Although Defendant B was prohibited from acting as intermediary by using another person’s name or trade name, the Defendant rendered brokerage services using the name and trade name of “E Licensed Real Estate Agent Office” located in the Gwangjin-gu Seoul Special Metropolitan City L.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a written statement and real estate contract to a suspect A, and the analysis and report of suspect telephone details);

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

(a) Defendant A: Articles 49(1)7 and 19(1) of the Licensed Real Estate Agents Act;

(b) Defendant B: Articles 49(1)7 and 19(2) of the Licensed Real Estate Agents Act;

1. Defendants to be detained in a 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

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