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(영문) 창원지방법원 통영지원 2017.10.24 2017고정280
공인중개사법위반
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Summary of the facts charged

1. A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land, Transport

Nevertheless, on September 22, 2016, the defendant, without registering the establishment of a brokerage office, committed a real estate brokerage business for the sale and purchase of real estate by promising to receive two million won or more as a brokerage commission, while mediating a contract for the sale and purchase of an apartment F apartment No. 201 Dong 1703, 201, which is owned by E in the Buddhist land.

2. He/she shall not receive a request for brokerage or allow any person to use his/her name, knowing that he/she is engaged in brokerage business without filing for registration of the establishment of a brokerage office in Defendant B;

Nevertheless, on September 2016, the Defendant was aware of the fact that he had been engaged in the brokerage business without registering the establishment of a brokerage office, and was commissioned by his female to sell and sell the F Apartment F apartment 201 Dong 1703, which is owned by E, and posted an advertisement on the Internet.

Accordingly, the defendant was requested through a person who runs the brokerage business without registering the establishment of a brokerage office.

2. If the parties to the transaction of the product subject to brokerage promises to receive the commission without actually receiving the commission from the parties to the transaction, or demands the commission from the parties to the transaction, it cannot be deemed to fall under the " brokerage business" under Article 48 subparagraph 1 of the Certified Judicial Brokerage Act, and it is not subject to the punishment, and there is no provision punishing the above act of promising or demanding the commission separately or there is no provision punishing the crime of violating Article 48 (1) of the same Act, and therefore, the principle of criminal justice is applicable.

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