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(영문) 대전지방법원 2018.04.27 2017고정1564
공인중개사법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A certified brokerage agent, etc. (a certified brokerage agent, affiliated certified brokerage agent, and brokerage assistant, etc.) for business opening shall not engage in direct transactions with clients or act on behalf of both parties to the transaction, and the Defendant is a person who works as a broker assistant for C.

On April 10, 2014, the Defendant entered into a real estate lease agreement with the content of deposit money of KRW 30 million, brokerage fee of KRW 1 million, and one million, without notifying that the rent of the first floor of the commercial building is owned by himself/herself, to E, who works as a brokerage assistant in the Seo-gu Daejeon Special Metropolitan City D, and reported and contacted the advertisement attached to the front glass of the previous D commercial building.

After all, the defendant made a direct transaction with the client by the brokerage assistant.

2. Defendant B is a certified broker who operates Defendant C, and Defendant B committed the above violation regarding the brokerage business.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Legal statements from witnesses E and F;

1. The lease contract, the confirmation and explanatory note of the object of brokerage [the 13 pages of the lease contract (Evidence No. 13)] are signed and sealed by Defendant B, and the confirmation and explanatory note of the object of brokerage was prepared in the name of Defendant B and delivered to the lessee E.

The confirmation and explanatory note of the above object of brokerage is stated as one million won (Evidence 97 pages of evidence), and the defendants actually receive one million won ( even if the defendants used the above one million won for the waterworks construction work, it is merely the use of the above money as the owner of the building, and the defendant Eul is deemed to have received one million won from the tenant E as the intermediary commission). The application of the law to the defendant Eul is judged to have concluded the brokerage contract upon the request of the tenant E).

1. Criminal facts;

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