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(영문) 광주지방법원 2018.05.16 2017고정1776
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a broker who operated the office of “D real estate” in the Nam-gu Seoul Metropolitan City.

No broker shall engage in direct transaction with the client.

Nevertheless, on October 8, 2014, the Defendant entered into a real estate lease agreement with a deposit of KRW 3 million and rent of KRW 280,000 from October 8, 2014 to October 7, 2016, by introducing 102 and 613 Dong-gu, Nam-gu, Gwangju, which is the Defendant’s ownership, at the above authorized brokerage office, for rent brokerage from E, and leased an apartment to E.

The defendant, even though he was the broker, was involved in direct transactions with the client.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A real estate lease agreement;

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

1. Article 48 of the relevant Act and subparagraph 3 of Article 48 of the Act and Article 33 of the Act on the Private Participation in Judicial Brokerage of Criminal Facts and Selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to the contents of the advertisement posted by the Defendant at the time of concluding a contract with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, real estate lease agreement, etc., E is deemed to have concluded a lease contract after recognizing the fact that the Defendant was a lessor who was the interest of the broker, and it is not necessary for the Defendant to have concluded a contract with the concealment of being a lessor. The fact that the current brokerage office is closed and not run, and E files a complaint against the Defendant regarding the termination of the lease after the expiration of the term of the lease agreement, etc., the punishment as set forth in the order shall be determined as

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