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(영문) 수원지방법원 2013.05.16 2013고정737
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent operating "D real estate" in Osan-si, and the defendant B is a brokerage assistant registered in the same real estate.

1. On August 22, 2012, Defendant A: (a) reported the content of the advertisement at the Internet intersection conducted by B as a customer; and (b) had B act as a broker in the F Building 309,000,000 won per month and KRW 300,000,000,000; and (c) Defendant A used Defendant A’s name to act as a broker.

2. As referred to in paragraph (1) of this Article, Defendant B introduced real estate to customers who had placed and found an advertisement at the Internet intersection by Defendant B, and received the deposit, down payment and brokerage commission, etc., and even though Defendant B performed the real brokerage business, Defendant B performed the brokerage business using A’s name and seal as a licensed real estate agent, the real estate agent’s name and seal was affixed to the real estate lease contract.

Summary of Evidence

1. Defendants’ respective legal statements

1. E's complaint, copy of real estate lease contract, and copy of receipt;

1. Application of the law of a copy of qualification certificate;

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

(a) Defendant A: Articles 49 (1) 7 and 19 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

(b) Defendant B: Articles 49(1)7 and 19(2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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