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(영문) 광주지방법원 2012.11.08 2012고정1493
공인중개사의업무및부동산거래신고에관한법률위반
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to operate a real estate brokerage business shall obtain a qualification as a licensed real estate agent and register the establishment of a brokerage office with the head of Si/Gun/Gu having jurisdiction over the brokerage office under the conditions

Nevertheless, on December 13, 201, the Defendant, without registering the establishment of a brokerage office, arranged a contract to sell real estate in F, G, H, I, J, and K owned by the seller E to H leisure and L in the Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, the seller of which was affiliated, and operated a unregistered real estate brokerage business by obtaining KRW 8.5 million from E under the pretext of brokerage commission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of M;

1. Each police statement of E and N;

1. A copy of a real estate sales contract and a copy of each transaction;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 48 subparagraph 1 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The Defendant asserts that the Defendant and the defense counsel’s argument regarding the claim of the provisional payment order under Article 334(1) of the Criminal Procedure Act was merely received KRW 8.5 million from E at the expense of receiving 8.5 million in relation to aiding and abetting the instant sales contract to be sexual intercourse, and that the instant real estate brokerage was not a business.

Article 2 subparagraph 3 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions provides that the term "business of brokerage" means the business of brokerage in return for a fixed remuneration at another person's request. Here, the term "business of brokerage" means the business of brokerage, and whether the business of brokerage is engaged in the business of brokerage, shall be determined in light of various circumstances, such as the purpose of brokerage, size, recovery period, and attitude of brokerage.

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