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Defendants shall be punished by a fine of KRW 500,000.
The above fines are not paid by the Defendants.
Reasons
Punishment of the crime
Defendant
A is a licensed real estate agent of the "E Licensed Real Estate Agent Office" located in Seocheon-gu, Seocheon-si D, and the defendant B is a brokerage assistant.
1. Defendant A: (a) at the foregoing office on August 8, 2012, Defendant A had the lessor F and the lessee G between the lessor F and the lessee.
H. During the process of concluding a lease contract for the commercial housing No. 301, Defendant B had Defendant B render brokerage services by having Defendant B prepare a direct contract.
2. Defendant B rendered brokerage services at the same time and time as that of the preceding paragraph at the same time as that of the preceding paragraph.
Summary of Evidence
1. Defendants’ partial statement
1. Witness I;
1. The police interrogation protocol or statement of the Defendants
1. Statement of the police officer to I;
1. Application of statutes on a copy of real estate contract;
1. Defendant A of the relevant criminal facts: Articles 49 (1) 7 and 19 (1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Defendant B of a fine: Articles 49 (1) 7 and 19 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Selection of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order
1. The defendants and the defense counsel argued that the draft contract was prepared by the defendant B, and that since the defendant A completed the contract and delivered it to the lessee, the defendant A should be deemed to have actually acted as a broker.
2. The term "mediation" under Article 2 subparagraph 1 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act means mediation of sale, exchange, lease, and other gain, loss, and transfer of rights between parties to a transaction regarding the object of brokerage, and Article 25 (1) of the same Act shall, upon request of a broker, include the following matters before the brokerage is completed: