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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person, other than an authorized broker, shall indicate or advertise the object of brokerage.
Nevertheless, the Defendant, who consulted a pharmacy with the trade name of “C”, made an advertisement from the early 2015 Police Officer D, stating “D” and “E” on the objects of brokerage and their contact information, trade name, and name (tentative name).
Summary of Evidence
1. Partial statement of the defendant;
1. Counseling on civil petitions by the F, a new electronic civil petition counter;
1. D, pharmacy, and hospital C:
1. Investigation report (Attachment of case records) and application of the law to transfer the case;
1. Relevant Article 49 (1) 6-2 and Article 18-2 (2) of the Judicial Act as an alternative judicial broker for the crime, and Articles 49 (1) 6-2 and 18-2 of the same Act, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. In the case of this case, it is distinguished from the general real estate brokerage that provides pharmacists with information such as whether or not to work out a pharmacy by ascertaining the business district, hospital conditions, daily sales, and the number of prescription preparation methods, etc. concerning pharmacies. The Defendant posted the phrase for public relations for such consulting business at the time, and did not advertise for real estate brokerage.
The argument is asserted.
However, the act of real estate brokerage was conducted as incidental to the act of real estate consulting.
section 2(2) of the old Act does not constitute a brokerage business under section 2(2).
It does not mean (see Supreme Court Decision 2006Do7594, Jan. 11, 2007). Article 2 subparag. 1 of the former Real Estate Brokerage Act provides that "the term "the term "mediation" means the mediation between parties to a transaction for the purchase and sale, exchange, lease, or other acquisition or modification of rights with respect to the object of brokerage under Article 3." Article 19(1) of the same Act provides that "the broker causes property damage to a party to a transaction by intention or negligence in performing the brokerage."