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(영문) 수원지방법원 평택지원 2019.01.17 2018고단1782
공인중개사법위반
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

on the part of the defendant B.

Reasons

Punishment of the crime

Any person who intends to operate a brokerage business shall register the establishment of a brokerage office with a registration authority having jurisdiction over an area which intends to establish a brokerage office as prescribed by Ordinance of the Ministry of Land

From around 2015, the Defendants posted information on the lease and sales contract for commercial buildings, which are the object of brokerage, while operating the Internet real estate information camera, and conspired to operate the unregistered brokerage business in a way of distributing the fee to 5:5 by receiving the fee when the contract has become a result of the Defendants’ act of brokerage.

Accordingly, around January 15, 2018, the Defendants arranged to enter into a lease agreement with the lessee on the condition that the lessee would pay 12% of the monthly rent in the amount of KRW 300 million to the Hamart located in Pyeongtaek-si G located in Pyeongtaek-si G, which is operated by the lessor F, without registering the establishment of a brokerage office with the competent authority. In return, the Defendants received KRW 10 million from the lessee I to the post office account in the name of the Defendant B around January 15, 2018, and KRW 10 million in total with the same account on January 16, 2018, and KRW 20 million in total.

In addition, Defendant B received a total of KRW 62 million as shown in [Attachment 1] or 14, as shown in [Attachment 1] or [Attachment 20 million], and Defendant A, from December 26, 2017 to 11 to 14, and engaged in the brokerage business without registration, in collusion, after receiving a total of KRW 34 million as stated in [Attachment 1] or 14.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer to I;

1. Each investigation report (including attached documents);

1. Application of Acts and subordinate statutes to lease contract, details of transfer, and account details;

1. Article 48 subparagraph 1 of the Licensed Real Estate Agents Act, Article 9 of the Criminal Act, Article 30 of the Criminal Act, the selection of imprisonment with prison labor, inclusive, with respect to facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Defendant A with reasons for sentencing under Article 62-2(1) of the Criminal Act, with regard to the community service order (Defendant B) and the criminal investigation, notwithstanding the repeated punishment of the Defendant.

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