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(영문) 수원지방법원 평택지원 2015.07.24 2015고정352
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall carry on the brokerage business without the registration of establishment of a brokerage office.

Nevertheless, the Defendant, who was not a licensed real estate agent, did not register the establishment of a brokerage office. From around November 2007, run a real estate brokerage office with the trade name “D” in Ansan-si, and on November 27, 2013, received KRW 100,000 from the buyer F under the pretext of the buyer’s commission.

In addition, the Defendant, from March 26, 2012 to November 27, 2013, arranged the sale and purchase contract or lease contract of the above E apartment at least six times from around March 26, 2012, and received a certain amount of consideration from the buyer or lessee as a brokerage commission.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of real estate lease contract; and

1. Receipt of sales contract brokerage commission;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 48 of the relevant Act on Criminal Facts and Articles 48 subparagraph 1 and 9 (1) of the Act on Business Affairs of, and Report on Real Estate Transactions by, the former Licensed Real Estate Agents and Report on Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014)

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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

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