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(영문) 창원지방법원 밀양지원 2018.06.07 2018고단130
공인중개사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, the defendant A is subject to objection.

Reasons

Punishment of the crime

In spite of the absence of the qualification certificate as an authorized broker, the Defendants are registered as the brokerage assistant of the office of the “E-authorized Brokerage Agent” in Syang-si, and are engaged in substantial brokerage business.

1. No one shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or lending the certificate;

Nevertheless, around May 29, 2015, the Defendants agreed to obtain a certification of an authorized broker from F at the above office of the “E Authorized Broker”, and opened the said “E Authorized Broker” office and run the brokerage business by obtaining a certification of an authorized broker in the name of F from around that time to July 14, 2017.

As a result, the Defendants conspired to use the certificate of qualification of a certified broker.

2. No certified broker, etc. (a affiliated certified broker, a affiliated certified broker, a brokerage assistant, or an employee or executive of a private legal entity, who is a certified broker for opening business) of Defendant B shall engage in direct transactions with the client;

Nevertheless, around July 1, 2016, the Defendant received a request from G and H for sale of 1 and 9 parcels from G and H at the above “E Authorized Brokerage Office” office, and purchased the said land in the name of the Defendant’s wife as the Defendant’s wife, including the purchase of KRW 580,00,000 from around that time to June 23, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made to K in the police statement;

1. Registers of real estate brokerage offices:

1. The ledger for managing the brokerage goods;

1. A real estate transaction contract, etc.;

1. Application of Acts and subordinate statutes to the investigation report (No. 36 No. 5 of the evidence list);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 49(1)7 and Article 19 of the Certified Judicial Brokerage Act; Article 19 of the Criminal Act.

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