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(영문) 대구지방법원서부지원 2020.11.03 2019고정825
공인중개사법위반
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On November 14, 2019, the Defendant was sentenced to a suspended sentence of two years, etc. on April by imprisonment without prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Changwon District Court's Down Branch. The judgment became final and conclusive on the 22th of the same month.

The Defendant is a person who operates “B”.

1. A person who intends to operate a unregistered real estate 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 of Land, Infrastructure

Nevertheless, around October 8, 2018, the Defendant: (a) arranged a lease agreement between the lessor and the lessee for the commercial buildings located in the Daegu-gun D without registering the establishment of the brokerage office; and (b) drafted a lease agreement for the commercial buildings located in the Seoul-gun D without registering the establishment of the brokerage office; and (c) received 600,000 won from the lessor and 50,000 won from the lessee, respectively.

Accordingly, the defendant is not a broker in the process and was engaged in the brokerage business even though he had registered the establishment of a brokerage office.

2. No person who uses similar title as licensed real estate agent shall use the title "licensed real estate agent office", "real estate brokerage", or any similar title.

Nevertheless, from November 20, 2017 to October 8, 2018, the Defendant installed an advertisement “B” on the entrance door and signboard of the above “B” office from November 20, 2017, and used a name similar to the official brokerage office and its similar name by manufacturing and using the name cards in front of the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning G;

3. A copy, a name, and a name, of the real estate lease agreement;

4. Previous records of judgment: Criminal records, reply reports on criminal records, investigation records bound in the public trial records, and application of Acts and subordinate statutes governing the judgment.

1. Article 48 of the Licensed Real Estate Agents Act concerning facts constituting an offense and subparagraph 1 of Article 48 of the Licensed Real Estate Agents Act;

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