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(영문) 부산지방법원 2014.12.19 2014고정4831
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person other than a licensed real estate agent B shall use the name of licensed real estate agent or any other name similar thereto;

On December 11, 2013, the Defendant used the name similar to that of the licensed real estate agent, such as issuing the name of "E-Dong Licensed Real Estate Agent Permit Number GB," in the E-office where the Defendant in Busan Seo-gu D works as an employee, who is the client, as an employee.

2. A person who intends to operate 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.

Nevertheless, without registering the establishment of a brokerage office, the Defendant, from June 2013 to December 11, 2013, operated the unregistered brokerage business under the trade name of “Ecom-dong Licensed Real Estate Agent” in Busan Jin-gu, Busan, with the trade name of “Ecom-dong Real Estate Agent”.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, H, I, and J;

1. Each report on investigation;

1. Photographs (E-Dong Licensed Real Estate Agents' Signboards, etc.);

1. Application of the statutes governing copies of brokerage office registration certificates;

1. Article 49 (1) 2 and Article 8 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply), Defendant A who selects a fine: Article 48 subparagraph 1 and Article 9 (1) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; Selection of a fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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