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(영문) 의정부지방법원 고양지원 2014.02.06 2013고정1690
공인중개사의업무및부동산거래신고에관한법률위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A is a licensed real estate agent who operates a “F Licensed Real Estate Agent Office” under subparagraph 105 of the Dong-dong, Seoyang-gu, Busan Metropolitan City and is engaged in the brokerage of real estate, etc.

No broker shall allow another person to render brokerage services using his/her name or trade name.

Nevertheless, around October 29, 2012, the Defendant had B act as a broker in the name of “F Licensed Real Estate Agents’ Office and Representative A” in the name of “F Licensed Real Estate Agent’s Office,” and “B” in relation to the first floor A-101 building in the Goyang-gu Seoul Metropolitan City, Yongsan-gu, Seoul Metropolitan City, and the first floor A-101 building owned by H.

Accordingly, the defendant allowed B to render brokerage services using the name and trade name of the defendant.

2. Defendant B is the husband of A who operates the F Licensed Real Estate Agent Office.

No person may render brokerage services using another person's name or trade name.

Nevertheless, around October 29, 2012, the Defendant arranged a commercial building lease agreement in the name of F Licensed Real Estate Agent's Office and Representative A, with respect to the first floor A-101 of the I-Sa-A-101 of the I-Sa-Sa-Y of the Goyang-dong-si, Goyang-si, Busan.

Accordingly, the defendant used the name and trade name of the broker A, who is another person, to render brokerage services.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to K;

1. Application of the statutes on the commercial lease agreement;

1. Facts constituting an offense by each Article of the relevant Acts, Articles 49 (1) 7 and 19 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and Selection of a fine;

1. 70,000 won per fine to be suspended; and

1. Articles 70 and 69 (2) of the Criminal Act (amount converted per day: 50,000 won);

1. Defendant A is the first offender under Article 59(1) of the Criminal Act, and the defendants are married with each other, and the petitioner H.

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