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(영문) 울산지방법원 2017.03.16 2016고정1430
공인중개사법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. A certified judicial violation;

A. A person who intends to engage in brokerage business of violation of Article 48 subparag. 1 of the Certified Private Brokerage Act shall register the establishment of a brokerage office with the competent authority. However, the Defendant, without going through such procedures, through a contract brokerage for the sale of D apartment units under Article 710 and 204, owned by E to F, and received KRW 100,000 from F as brokerage commission, from the said sales office around May 26, 2016, at the D apartment unit sale office located in Yangsan-si around May 25, 2016, and received KRW 50,000,000 from G as brokerage commission.

Accordingly, the defendant was engaged in brokerage business without registering the establishment of a brokerage office.

(b) No person, other than an authorized broker that violates Article 49, paragraph 1, subparagraph 2, of the Act, shall use the name of the certified broker or similar.

Nevertheless, from March 2016 to March 2016, the Defendant used a name similar to that of a certified broker, which is named as “A representative of a certified broker office of the JJ,” even though the Defendant was not a certified broker but a brokerage assistant.

2. On September 8, 2016, the Defendant: (a) acquired 39 Jeju-ro 30,000 p.m. 1, Samsung Credit Card Co., Ltd., the victim’s K lost at the crosswalk in front of the apartment settlement; (b) 1, 1, 1, 1, 1, 1, 2, 2, 20,000 won in cash, 50,000,000,000 won in total; and (c) 1,000,000 won in total.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

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