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(영문) 부산지방법원 동부지원 2015.09.10 2015고정520
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

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

Reasons

Punishment of the crime

The real estate brokerage office in the name of "E" in the 4-dong D Apartment Building 3, Suwon-gu, Busan, was operated by F without a licensed real estate agent qualification by borrowing the registration of real estate brokerage from G, and the defendant A worked as an employee of the above "E" office.

No person shall render brokerage services using another person's name or trade name.

Defendant

At the above office on May 18, 2012, A rendered brokerage services using G’s name in the name of G by arranging real estate brokerage for the buyer’s purchase and sale of the H I detached Housing owned by the seller to J, and by drawing up a real estate sales contract under the above G name as a licensed real estate agent.

Summary of Evidence

1. The defendant A's partial statement

1. Examination protocol of Defendant A by the prosecution (including substitute part)

1. Each police interrogation protocol concerning G and F;

1. The police statement of H;

1. Application of investigation reports (Evidence No. 51 pages of evidence records), investigation reports (Access to Call for Witnesses), and Acts and subordinate statutes;

1. Article 49 (1) 7 of the Licensed Real Estate Agents Act and Articles 19 (2) of the Licensed Real Estate Agents Act that choose the applicable law concerning facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged against Defendant B was the real estate brokerage office of the name “E” in the Busan Suwon-gu D apartment shopping mall No. 4, 3, 500, which is a real estate agent. F without qualification as a licensed real estate agent, leased the registration of real estate brokerage from G and the Defendants worked as an employee of the above “E” office.

No person shall render brokerage services using another person's name or trade name.

Defendant

B In collusion with Defendant A, on May 18, 2012, at the above “E” office, the seller sells the first detached house owned by the seller to the buyer J.

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