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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person other than a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto.
Nevertheless, the Defendant, from April 11, 201 to March 18, 2014, set up a trade name signboard “D Brokerage Office” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do and used the name similar to that of a licensed real estate agent.
Summary of Evidence
1. Partial statement of the defendant;
1. Signboards of D Licensed Real Estate Agents;
1. Application of Acts and subordinate statutes to the investigation report (E Telephone Investigation);
1. Article 49 (1) 2 and Article 8 of the Licensed Real Estate Agents Act and the Selection of Fines concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel asserted that the name of the defendant was not used as a licensed real estate agent since the name of the defendant was not written on the signboard, as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.
Article 8 of the Licensed Real Estate Agent Act provides that "no person other than a licensed real estate agent shall use the name of licensed real estate agent or any similar name." It does not prohibit the licensed real estate agent or any similar name to mark by linking the name of a person other than a licensed real estate agent. Licensed real estate agent E, whose name is written on the signboard stated in facts constituting an offense, has reported the closure of business on April 11, 201 and gone back to Seoul. The Defendant continued to use the above signboard until March 18, 2014 without removing the signboard, and the Defendant used the real estate business without removing the signboard, and the signboard stating the name of the broker is written with the above name of the broker, but the telephone number of the Defendant stated the mobile phone number, and it is sufficiently recognized that the Defendant used the signboard stating the name of the broker for business purposes. In light of the above, the above assertion by the Defendant and the defense counsel is rejected.