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(영문) 서울중앙지방법원 2020.11.12 2020고정1061
공인중개사법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 8, 2019, “D”, which is one’s office located in the Jung-gu Seoul Metropolitan Government C2, entrusted by the Jung-gu Seoul Metropolitan Government E to intermediate purchase of the third floor subparagraph G, and prepared a provisional contract by mediating a sales contract between H and the above E between the seller and the seller. On October 11, 2019, “J”, which is a practicing licensed real estate agent in the first third floor of the Seoul Jung-gu, Jung-gu, Seoul, requested the Defendant to prepare the same contract by using the trade name of the above office, and upon the Defendant’s consent, prepared a sales contract by using the trade name of “J” with the Defendant, and received a total of KRW 2.5 million from H and E on October 24, 2019 as a brokerage commission.

2. On June 18, 2019, the Defendant registered the establishment of a brokerage office with the trade name “J” in the 13th floor of Jung-gu Seoul, Jung-gu.

On October 11, 2019, the Defendant: (a) received a request from B to prepare a contract by using the trade name of “J” as described in paragraph (1) from B; and (b) entered into a sales contract between H and E along with B; and (c) received delivery of KRW 2.2 million, which is a part of the brokerage commission that the Defendant received from B.

Accordingly, the defendant, as a practicing licensed real estate agent, allowed another person to render brokerage services using his name or trade name.

Summary of Evidence

1. Application of the Act and subordinate statutes to the Defendant’s partial statement E of the witness E of the witness’s legal statement, provisional contract for the witness B’s partial statement (hereinafter “A’s legal statement on October 8, 199”), real estate sales contract (hereinafter “D’s contract”), photographs, real estate lease contract (hereinafter “B”) prior to the D’s office, real estate sales contract (hereinafter “199”), and investigation report on the details of deposits and deposits, which are the filing of a complaint for the payment of the purchase price, by the head of Tong and the copy of the deposit money transaction (A’s J Licensed Real Estate Agent Office’s establishment status, etc.)

1. Article 49 (1) 7 and Article 19 (1) of the Licensed Real Estate Agents Act, the choice of punishment, and the selection of fines concerning facts constituting an offense;

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

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