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(영문) 수원지방법원 2018.11.16 2018노5442
공인중개사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal 1) In full view of the following facts: (a) Defendant B, who misleads as to the facts of appeal, issued to I a name of director of the brokerage office operated by Defendant A by an authorized broker, and introduced himself as an employee of the brokerage office; (b) Defendant A’s certificate was kept inside the brokerage office attached to Defendant A’s photograph; (c) Defendant A deposited the brokerage commission of the lease with the account under the name of the Defendant; (d) Defendant A participated in the conclusion of the lease contract; and (e) Defendant A signed and sealed the lease contract as a direct authorized broker; or (e) Defendant B signed and sealed the lease contract.

shall not be deemed to exist.

Therefore, the lower court found the Defendants guilty on the grounds that the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine.

2) The sentence sentenced by the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) is too unreasonable.

2. The Defendants made the same assertion in the lower court as to the assertion of mistake of facts.

Examining the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in light of the circumstances revealed by the lower court, the lower court’s judgment is justifiable.

① Defendant B’s mobile phone number was stored as “A intermediary”.

Defendant

B does not mean that he is a brokerage assistant even though he calls with I by an authorized broker.

According to the contents of the text message submitted (the 63-6th day of the trial record), the lessor J seems to have thought the Defendant B as an authorized intermediary.

② Defendant B directly performed the brokerage business of a lease contract, such as introduction of an object of brokerage, adjustment rate of the terms and conditions, and deposit of down payment and brokerage commission.

Defendant

A shall affix his/her signature and seal to the lease contract prepared by I and J as an authorized intermediary, and the name of the I in his/her name.

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