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(영문) 대전지방법원 2013.12.11 2013고정2150
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 3,000,000, by a fine of KRW 4,000,000, and Defendant C shall be punished by a fine of KRW 2,00,00.

Reasons

Punishment of the crime

1. Defendant A obtained the qualification as a licensed real estate agent on November 18, 1985, but since 2003, Defendant A is a person who works for one of China on a one-person basis without conducting real estate brokerage business.

No licensed real estate agent shall allow any other person to conduct brokerage business using his/her name, nor transfer or lend his/her certificate of licensed real estate agent to any other person.

Nevertheless, around December 26, 201, Defendant A had the real estate brokerage office called “F Licensed Real Estate Agent Office” in the name of the Defendant registered at Sejong City E, 202 Dong 134, 202, and B around December 26, 201, and, in return, had B receive KRW 100,000 per month and then had B conduct the brokerage business using the Defendant’s name until June 26, 2013.

2. Defendant B

(a) No person shall take over or take over, or use, a certificate of qualification of a licensed real estate agent for another person;

Nevertheless, at the time and place specified in paragraph (1), Defendant B borrowed a licensed real estate agent license by operating the “F Licensed Real Estate Agent Office” under the name of a licensed real estate agent A in return for providing KRW 100,000 per month to A who is a licensed real estate agent.

B. Defendant B failed to use the name of licensed real estate agent or any other similar name, but from December 26, 201 to June 26, 2013, Defendant B, without qualification as licensed real estate agent, made use of the name of licensed real estate agent or any other similar name by producing a name of “F Licensed Real Estate Agent Office / Representative B” without qualification as licensed real estate agent and distributing it to an unspecified number of persons requesting real estate sale and purchase, which includes location and contact information.

3. Although Defendant C did not use the name of licensed real estate agent or any other similar name, Defendant C was from December 26, 201 to June 26, 201.

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