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(영문) 창원지방법원 통영지원 2017.10.20 2017고단1003
공인중개사법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of

Nevertheless, on January 8, 2016, the Defendant arranged a real estate sales contract for the sale of the D-owned E, F, and G land at the certified judicial scrivener office located in C-D on January 8, 2016 to H in 145,000,000 won, without registering the establishment of brokerage business, and received KRW 25,000,000,000 from H as a brokerage commission, around January 11, 2016.

Accordingly, the defendant was engaged in brokerage business without the registration of the establishment of the brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A real estate sale contract and a fact-finding certificate;

1. A copy of passbook or the register of each real estate brokerage office;

1. A criminal investigation report (Submission of the details of suspect transactions);

1. Application of the AFC statute

1. Relevant Article of the Act and Articles 48 subparagraph 1 and 9 (1) of the Judicial Act as an alternative judicial broker for the preparation of a crime. Article 49 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence of a fine shall be imposed in consideration of the fact that the defendant has no record of the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and his mistake is divided.

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