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(영문) 대전지방법원 2016.11.30 2016고단1400
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office.

On April 13, 201, the Defendants conspired to establish a brokerage office, and entered into a contract with AD, AE on the aggregate of 22 lots of land, including 22 lots of land, F, and G, F, I, J, K, L, M, Daejeon P, P, Q, Q, R, T, U, and V, and 9 lots of land in Daejeon P, X, Y, Z, Z, AB, and AC, and around November 17, 201, the Defendants received KRW 10 million under the name of the seller F, G’s agent, and KRW 10 million under the name of the brokerage commission, and KRW 200,000,000,000,000 won under the name of the buyer on December 23, 2011.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements made by the Defendants in the interrogation protocol of the prosecution concerning the Defendants

1. Legal statement of the witness AF;

1. AF, F, or AD a copy of each police interrogation protocol;

1. AG a copy of the police statement;

1. Application of Acts and subordinate statutes to a copy of each sales contract (Evidence Nos. 4, 5, and 6) and a copy of a receipt (real estate sales contract and consulting fees);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 48 Subparag. 1 and Article 9 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply), Article 30 of the Criminal Act

B. Defendant B: according to the evidence submitted in the instant case under Article 48 subparag. 1 and Article 9 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act, and Articles 33 and 30 of the Criminal Act, the business nature is recognized only for Defendant A, and the business nature of Defendant B is stated in its reasoning with respect to Defendant B.

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