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(영문) 서울동부지방법원 2020.11.26 2020고정791
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a practicing licensed real estate agent who operates “B”.

1. He/she shall not use another person's brokerage office registration certificate after borrowing it;

Nevertheless, the Defendant, in collusion with the wife C on August 7, 2019, provided a brokerage office registration certificate to G which obtained the registration certificate of the brokerage office from the Songpa-gu Seoul Metropolitan Government D and the Business Building E E office and leased the registration certificate of the brokerage office under the condition that 50% of the profits generated from the F office is distributed.

2. He/she shall not allow any other person to render brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to any other person;

Nevertheless, on February 21, 2020, the Defendant: (a) on February 21, 2020, the Songpa-gu Seoul H building and the IJ office found F in order to mediate real estate lease contracts to K; (b) by allowing the said G to use the name of the Defendant’s B office; and (c) by using the Defendant’s name or trade name.

Summary of Evidence

1. Application of Acts and subordinate statutes of the commercial monthly rent contract to the defendant's legal statement C and the police interrogation protocol of each police officer's suspect G to request the investigation thereof, and application for registration of real estate lease brokerage office;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (1) 1 and 7 of the Licensed Real Estate Agents Act, Article 30 of the Criminal Act ( point of lending and using a brokerage office registration certificate), Articles 49 (1) 7 and 19 of the Licensed Real Estate Agents Act, and selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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