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(영문) 의정부지방법원 2020.10.19 2020고단3851
공인중개사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In around 2016 to 2017, the Defendant is a person who has been engaged in real estate brokerage business. A person who intends to engage in brokerage business does not register the establishment of a brokerage office with the competent authority despite having to register the establishment of the brokerage office. Around February 9, 2017, the seller and the buyer trade four parcels of land, such as 1,050,000 won between D and E, for the purchase and sale contract between D and E, and in return, the buyer received 14,73,500 won from E to the deposit account of a G corporate bank in the name of the Defendant, and received 5,000,000 won from the seller D to the buyer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of H and D by the prosecution;

1. Statement of the prosecutorial statement concerning I;

1. A complaint filed, a contract for the sale of land ( February 9, 2017);

1. Four copies of the transfer certificate; and

1. Investigation reports (Binding of details in receipt of brokerage commission from the E);

1. Application of Acts and subordinate statutes to investigation reports (informating details of deposits of suspects and remittance details);

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 48 subparagraph 1 and 9 (1) of the Licensed Real Estate Agents Act that choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the punishment as ordered shall be determined in consideration of all the circumstances shown in the arguments of this case, including the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

The crime of this case is likely to cause damage to the purpose of legislation of the Licensed Real Estate Agent Act that intends to enhance the expertise of real estate brokerage business and foster it in a sound manner, and the crime of this case is not easy to be committed, and the defendant is also highly favorable to the amount that he received as a brokerage commission: there is no record of punishment for the same crime, and there is no circumstance to deem that the defendant was engaged in an additional act of brokerage without registration, in addition to the act of

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