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(영문) 수원지방법원 2016.12.14 2016고정2721
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

1. A person who intends to engage in 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, as prescribed by Ordinance of the Ministry

Nevertheless, on April 7, 2016, without registering the establishment of a brokerage office at the real estate agent office located in B A Dong 106, the Defendant carried out the brokerage business, such as preparing a real estate sales contract against the landowner D and the buyer E, and receiving the fees of five million won from the buyer, with respect to the land sale and purchase.

2. No person other than a practicing licensed real estate agent shall use the name "licensed real estate agent office", "real estate brokerage", or any other name similar thereto;

Around April 7, 2016, the Defendant used the name “F Licensed Real Estate Agents G and HJGG” in a manner that, although the Defendant was not qualified as a licensed real estate agent and was not a practicing licensed real estate agent, the Defendant used the name by delivering to the land owner D a name named ‘F Licensed Real Estate Agent G and ‘‘(HG’.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of D's petition;

1. Application of statutes to a charge, copy of a sales contract, and a copy of a specification of transactions;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of the unregistered brokerage business: Article 48 subparagraph 1 of the Licensed Real Estate Agents Act and Article 9 of the same Act;

(b) Use of similar name: Selection of fines under Articles 49 (1) 6 and 18 (2) of the Licensed Real Estate Agents Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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