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(영문) 대전지방법원 2016.01.28 2015고정78
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 7,00,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who works as a brokerage assistant at the “F Authorized Brokerage Office” located in Sejong Special Self-Governing City E and 105, and Defendant B is a certified brokerage agent who operates the said “F Authorized Brokerage Office.”

1. Defendant A

(a) If it is intended to run the brokerage business, it shall be registered with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office;

In this regard, on June 24, 2013, at H office located in Sejong Special Self-Governing City G, the Defendant, without registering the establishment of a brokerage office, sold the land of No. 12, No. 931 square meters, which is the object of brokerage, at H office in Sejong Special Self-Governing City, Sejong Special Self-Governing City IB block 12, the object of brokerage, and the seller H and the buyer J conducted a real estate brokerage business with the purchase and sale price of KRW 632,00,000,000,000 from the above J as a brokerage fee.

(b) No person other than an authorized broker shall use the name of an authorized broker or similar.

In this regard, the defendant issued to the above J the name of "F Authorized Brokerage Office", "A, Pressents & c.E.O" to many unspecified persons who had found the above certified broker office around that time, even if it is not a certified broker at the time, at the place, and at the same time, it used the name similar to that of the certified broker.

2. The defendant B is negligent in exercising due care and supervision over the above A to prevent any violation of laws and regulations against the above A, which is employed as a broker assistant, and the above defendant B is one of the above A.

A. (b) committed an act of violation such as subsection (b).

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Each legal statement of the witness K and J;

1. A trading statement;

1. A name tag (Defendant B);

1. Legal statement by the witness J;

1. Application of Acts and subordinate statutes to A name cards;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 48 subparag. 1 and Article 9 subparag. 1 of the Authorized Judicial Brokerage Act (a) (a person who runs real estate brokerage business without the registration of establishment of a brokerage office) shall be punished by a fine.

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