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(영문) 의정부지방법원 2013.08.08 2013고정1832
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Although Defendant A, etc. was prohibited from engaging in any act to mislead the client’s judgment by false words or other means with respect to important matters relating to the transaction of the object of brokerage, Defendant A, etc., the broker assistant, at the D Licensed Real Estate Agent B’s Office located in Namyang-si, Namyang-si, Namyang-si, in mediating a lease contract under the name of the lessor F and lessee with respect to the housing owned by E located in Namyang-si, and the above F, despite the fact that there was no delegation of matters regarding the lease contract to H, the said F, despite the fact, was believed by F’s agent to believe that the said contract was concluded by F, thereby causing the lessee to make the judgment.

2. Although Defendant B’s affiliated licensed real estate agent must exercise due care and supervision to prevent his affiliated brokerage assistant from exerting the judgement of the client by means of false words and behavior or by other means concerning important matters relating to the transaction of the object of brokerage, Defendant B’s affiliated licensed real estate agent violated the Business Affairs of Licensed Real Estate Agents and Real Estate Transactions Act by doing an act of causing the lessee’s judgement as described in paragraph (1) to be affected by the broker A, who is the affiliated licensed real estate agent.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on power of attorney;

1. Relevant Article of the facts constituting the crime and subparagraph A of the punishment: Business of a licensed real estate agent and reporting of real estate transactions Act (Selection of fine) under Articles 49 (1) 10 and 33 subparagraph 4 (Selection of Fine): Defendant B: Articles 50 and 49 (1) 10 and subparagraph 4 of Article 33 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

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