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(영문) 대전지방법원 서산지원 2020.01.09 2019고단671
공인중개사법위반
Text

Defendant

A and B shall be punished by a fine of 2,000,000 won, and Defendant C shall be punished by a fine of 1,000,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

A person who intends to engage in brokerage business shall register the establishment of a brokerage office to the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office, as prescribed by Ordinance of the Ministry

1. Defendant A is not a licensed real estate agent, and is not a brokerage assistant who assist the simple business related to the brokerage business of a practicing licensed real estate agent, and Defendant B is working as a brokerage assistant on October 20, 2016.

Despite the fact that the present time is not registered after filing a report on the closure of business with the Mayor in Seosan City, the Defendants traded three lots of land (810,000,000,000 won) with the seller and the purchaser M&D on February 28, 2018, with three lots of land (8,759 square meters of D forest land, E forest land, 8,759 square meters of forest land, and F forest land 1,928 square meters of forest land.

2. Defendant C was the representative of the real estate brokerage office to which Defendant A, a brokerage assistant, was affiliated, and Defendant C, an employee, who failed to perform his/her duty of care, such as supervision of the pertinent duties, to prevent a violation, committed such a violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A vindication of each report on real estate transactions;

1. Certificate of report on real estate transaction contract;

1. Registers of real estate brokerage offices;

1. Documents confirming the closure of a brokerage office;

1. Each telephone investigation report;

1. Hearing report on each telephone call;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 48 subparagraph 1 of Article 48 of the Licensed Real Estate Agents Act and Article 9 (1) (Selection of Fines) Defendant C: Articles 50, 48 subparagraph 1 of the Licensed Real Estate Agents Act and Articles 9 (1) 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: The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects all the mistakes, Defendant B’s previous violation of the duty of care, such as the content of Defendant A and B, Defendant C’s supervision, etc., and other Defendants’ age, character and conduct.

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