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(영문) 춘천지방법원 2015.12.11 2015고정243
공인중개사법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a trade name’s office, i.e., “C real estate” in Gangwon-do.

However, when anyone intends to run a brokerage business, he/she shall register the establishment of a brokerage office with the competent authority.

Nevertheless, the Defendant did not register the establishment of a brokerage office with the competent authority on October 4, 2013, operated a brokerage business with three real estate sales contracts, including the sales contract of the Gangwon-gun, Gangwon-do, Gangwon-do, and the sales contract of the seller E and the buyer F, and received one million won as a fee from the said F, around May 29, 2014, and around July 26, 2014, as well as the sales contract of the Gangwon-do, Gangwon-do, J and I, and the sales contract of the said F, and received nine million won in total as a fee.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness K and L (excluding the professional part of the K's statement);

1. The police statement concerning F;

1. Statement by the prosecutor concerning the certificate of real estate transaction report;

1. Application of real estate (office) photographs and Acts and subordinate statutes administered by the suspect;

1. Article 48 (1) and Article 9 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 asserts that the defendant's argument regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act is not a real estate consulting business, but a real estate brokerage business is not conducted, and therefore, the registration of establishment of a brokerage office is not necessary.

The term "mediation" under the Licensed Real Estate Agents Act means mediation of sale, exchange, lease, and other gain, loss and transfer of rights between parties to a transaction concerning the objects of brokerage, such as real estate, etc., and the term "mediation business" means the business of brokerage run for remuneration at another person's request.

(Article 2 subparag. 1 and 3 of the Licensed Real Estate Agents Act). The purpose of any act is to protect the transaction parties.

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