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(영문) 수원지방법원 안산지원 2013.09.04 2013고정1021
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

A is a person who operates the E Licensed Real Estate Agent Office in D at broad time, and Defendant B is a defendant's wife and is a broker assistant in the above brokerage office.

1. No defendant A shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, around November 9, 2011, the Defendant had B, at the above E Licensed Real Estate Agent Office, act as a broker of the seller F and G for the sale and purchase contract for HJ 202 (hereinafter “instant sale and purchase contract”) between the seller F and G, and had B prepare the sale and purchase contract by using the name of the Defendant and the trade name of the above E-Public Brokerage Office.

Accordingly, the defendant allowed another person to render brokerage services using his name in his trade name.

2. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or borrowing the certificate;

Nevertheless, on November 9, 2011, the Defendant arranged the instant sales contract at the above E-Order Office, and then prepared a sales contract using the name of A and the trade name of the said E-Order Office.

Accordingly, the defendant used another person's name or trade name to render brokerage services.

Summary of Evidence

1. Witnesses G and I's respective legal statements;

1. The description of each part of the police suspect interrogation protocol against the Defendants (including the part concerning theG statement)

1. Protocol of the police and prosecutorial statement concerning G;

1. Complaint;

1. The application of the loan sales contract, brokerage office registration certificate, brokerage office registration certificate, certificate of brokerage office, copy of the passbook, response to the contents certification (A), response to the contents certification (F), and the application of the law of preparatory document (F);

1. Duties of licensed real estate agents A and real estate regarding criminal facts and the choice of punishment;

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