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(영문) 부산지방법원 2013.11.27 2013고정3690
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the operator of the real estate brokerage office called the "E Licensed Real Estate Agent Office" in Busan Dongdong-gu D Apartment Building D-26, and the defendant B is the defendant A's wife as the non-reported assistant of the above real estate brokerage office.

1. No real estate broker 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, at around 18:40 on June 12, 2012, the Defendant: (a) mediated the sale and purchase of real estate by F with respect to “Seoul-dong G Building 1902” in the above Licensed Real Estate Agent Office; and (b) when concluding a real estate sales contract, B, using the name of the above Licensed Real Estate Agent Office of the Defendant, had another person engage in brokerage business using his/her name and trade name.

2. No defendant B shall render brokerage services using another person's name or trade name, or take over or borrow another person's brokerage office registration certificate and use it;

Nevertheless, the Defendant, at the above date and place, arranged a real estate sales contract for F with F, and used the name and trade name of Licensed Real Estate Agent A for real estate brokerage business.

Summary of Evidence

1. Each legal statement of the witness H and F;

1. The police statement concerning F;

1. A written accusation;

1. A copy of each contract;

1. A written petition;

1. The application of Acts and subordinate statutes as a result of the reproduction and listening of CD (Evidence No. 14);

1. Article 49 (1) 7 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting the crime and Article 19 (1) 7 of the same Act: Defendant B: Article 19 (2) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Duties of licensed real estate agents and real estate agents for conviction under Article 186 (1) of the Criminal Procedure Act, which bear costs of lawsuit;

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