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(영문) 대전지방법원 2012.12.11 2012고정836
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who is not a broker shall not use the name of "licensed real estate agent office", etc., and any person who is not a licensed real estate agent shall not use the name of "licensed real estate agent"

1. Even if the Defendant is not a licensed real estate agent, in collusion with C and D, and leased a commercial building located in Chungcheongnam-gun E from May 14, 201 to June 20, 201, the Defendant used the name of the licensed real estate agent’s office even if the Defendant is not a broker, such as setting up a large signboard called “F Licensed Real Estate Agent Office” at the entrance of the company.

2. Even if the Defendant is not a licensed real estate agent, the Defendant used the name “licensed real estate agent” or any other similar name in collusion with C and D, by making it possible to use the name “licensed real estate agent” at the time and place specified in paragraph (1).

Summary of Evidence

1. Each legal statement of witness G and C;

1. Partial statement of witness D;

1. Each protocol of suspect interrogation of the defendant and D by the police;

1. The written statement by each police officer of H and G;

1. Application of Acts and subordinate statutes, such as name cards of F real estate and field photographs;

1. Article 49 (1) 2, Article 8, Article 49 (1) 6, and Article 18 (2) of the Act on Business Affairs of Licensed Real Estate Agents of the Selection of Punishment, and Report of Real Estate Transactions, concerning facts constituting an offense, Article 49 (1) 2, Article 49 (1) 6, Article 18 (2) of the same Act, Article 30 of the Criminal Act,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Determination on the Defendant and his/her defense counsel’s assertion of litigation costs under Article 186(1) of the Criminal Procedure Act

1. The alleged defendant did not intend to establish an authorized brokerage office illegally, did not start the business, and his name was produced and kept arbitrarily by D or C, and the defendant did not use the name of licensed real estate agent.

2. As to the facts of this case, the applicable provisions shall apply.

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