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(영문) 광주지방법원 목포지원 2019.08.16 2019고정67
공인중개사법위반
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 24, 2018, Defendant A, within the D Licensed Real Estate Agent Office located in Yong-Gun, Chungcheongnam-do, Chungcheongnam-do, Seoul-do, to prepare a real estate lease contract; to prepare “A’s representative and seal of a personal licensed real estate agent” under the contract; and to allow a licensed real estate agent A to use his/her name; and to have a broker B, a real estate agent’s inherent business assistant.

However, the defendant was aware that B had not been able to conduct the licensed real estate agent business as the broker assistant.

Nevertheless, the defendant allowed B to prepare a real estate lease contract and use the name of a licensed real estate agent A, etc., and allowed B to perform the business of a licensed real estate agent who is not a broker assistant.

2. Defendant B, around May 24, 2018, prepared a real estate lease contract against E in the D Licensed Real Estate Agent Office located in Yong-Gun, Chungcheongnam-do, Chungcheongnam-do. The Defendant directly prepared “A’s signature and seal of the representative of a personal licensed real estate agent” under the contract, thereby engaging in the brokerage business, which is the inherent business of a licensed real estate agent A, using the name of the licensed real estate agent A.

However, the fact was known that Defendant B is not a licensed real estate agent and cannot perform the above act in the brokerage assistant.

Nevertheless, the defendant prepared a real estate lease contract and rendered brokerage services using the name of a licensed real estate agent A, thereby doing business of a licensed real estate agent who is not a broker assistant.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to the written accusation or the data submitted by the complainant (real estate lease contract, recording record);

1. Article 49 (1) 1 and Article 7 (1) of the Licensed Real Estate Agents Act; Defendant A who selects a fine: Article 49 of the Licensed Real Estate Agents Act; Article 49 of the Licensed Real Estate Agents Act.

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