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(영문) 광주지방법원 순천지원 2015.07.24 2015고정284
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as

Nevertheless, on May 15, 2013, the Defendant, without registering the establishment of a brokerage office, carried on real estate brokerage business, such as arranging for a lease contract and receiving a brokerage commission of KRW 4 million, when he/she, in ordering H to enter into a lease contract for 120 million in light of the opticalyang-si Do, F to enter into a contract for a 'E Office' located in Gwangju-si D.

2. The defendant shall not use the name of a licensed real estate agent or any other similar name as a broker assistant of the office of licensed real estate agent with the trade name of "E Office" in Gwangju-si, and a person who is not a licensed real estate agent.

Nevertheless, on May 15, 2013, the defendant used the name similar to that of the licensed real estate agent by putting up the standing and fixed signboard "E Office A" at the above office and using the name "E Office A".

Summary of Evidence

1. Each legal statement of the witness H and F;

1. Each police statement made to H and F;

1. The name of the suspect;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the remittance details of F real estate brokerage commission);

1. Article 48 subparagraph 1 of Article 48 and Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 11866, Jun. 4, 2013; hereinafter the same shall apply), Article 49 (1) 2 and Article 8 of the former Licensed Real Estate Agents Act concerning facts constituting an offense,

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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