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(영문) 창원지방법원 진주지원 2017.05.18 2017고정93
공인중개사법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who works as a brokerage assistant in the “D Authorized Brokerage Office” located in Gyeongnam-Nam, as a broker assistant.

1. Even though no person is permitted to run a brokerage business without registering the establishment of a brokerage office, the accused;

A. On October 6, 2015, at the above brokerage office, the sales contract was arranged between the seller E and the buyer G with respect to FY 889 square meters owned by the said brokerage office, and the brokerage business was conducted without registering the establishment of the brokerage office in return for the mediation of the sales contract between the seller E and the buyer, and one million won from both sides.

B. On October 22, 2015, at the above brokerage office, as to No. 101-dong 105 of H, Gyeongnam apartment 105, the sales contract was arranged between the seller H and the buyer J, and, in return, the broker operated the brokerage business without registering the establishment of the brokerage office with the amount of KRW 300,000,000 from J.

2. Although a person, who is not an authorized intermediary, is prohibited from using any name similar to that of an authorized intermediary, the Defendant, on July 22, 2015, entered the upper end of his name as “Franchis construction of the certified office of certified real estate agent,” “Franchis construction of the certified office of certified real estate agent,” and “Franchis construction of the certified office of certified real estate agent,” and delivered it to the person, and uses the name similar to that of the certified office of certified broker as “representative of the certified office of certified

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against K, Defendant, or L;

1. Lritten statements;

1. An accusation, a written confirmation, a copy of each real estate trade contract, a calendar copy, and computerized data on registration of brokerage business;

1. Copy of a certificate of registration of the D Authorized brokerage office;

1. Current status of real estate brokerage businesses registered;

1. Investigation report (verification as to whether brokerage fees are paid or received);

1. Application of Acts and subordinate statutes to written appeal;

1. Subparagraph 1 of Article 48, Article 9 (Conduct of Brokerage Business without Registration of Establishment of Brokerage Offices), Article 49 (1) 2, and Article 8 (Use of Similar Name as Authorized Broker) of the relevant Act on Criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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