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(영문) 수원지방법원 평택지원 2015.11.27 2015고정565
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance

Nevertheless, on January 14, 2010, the Defendant: (a) through a real estate office located in Chungcheongnam-si B; (b) by arranging a contract for the sale of a large of 625 square meters and 774 square meters in Ansan-si E and the preceding 774 square meters in Ansan-si F, Ansan-si; and (c) received KRW 200 million in total as an intermediary fee from that place.

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

2. A person who is not a broker shall not use the name "licensed Real Estate Agent", "Real Estate Brokerage" or any other similar name.

Nevertheless, the Defendant, not a broker, posted the name similar to the broker, using the name “J-real estate consulting A” in the name named “J-real estate consulting representative A,” from November 2009 to January 14, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect to the K;

1. Statement of the police concerning L;

1. Name cards;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of a business establishment with no registration date specified and safe viewing);

1. Facts constituting an offense under Article 48 subparagraph 1 of Article 48 and Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply); Articles 49 (1) 6 and 18 (2) of the former Licensed Real Estate Agents Act ( using the name similar to licensed real estate agents, etc.);

1. Selection of each alternative fine for punishment;

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

1. The former Criminal Act No. 12575, May 14, 2014.

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