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(영문) 서울중앙지방법원 2013.07.17 2012고정6878
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office, and a person who is not a licensed real estate agent or a corporation shall not apply for

Although the Defendant did not have registered the establishment of a brokerage office rather than a licensed real estate agent, at the D Licensed Real Estate Agent Office located in Jung-gu Seoul Metropolitan Government on June 28, 2012, the Defendant arranged a real estate lease agreement with the lessor’s property of KRW 30 million under the lessee’s name of Jung-gu, Seoul, and KRW 2.3 million per month of rent under the lessee’s name. In response, the Defendant received KRW 1.5 million out of KRW 2.34 million from the husband of G on the same day.

Accordingly, the defendant carried on the brokerage business without registering the establishment of a brokerage office without qualification as a licensed real estate agent.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. A written notification (25 pages of investigation records);

1. Application of Acts and subordinate statutes to a copy of real estate lease agreement;

1. Article 48 of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (Amended by Act No. 11690, Mar. 23, 2013) regarding facts constituting an offense; Articles 48 subparag. 1 and 9 of the Act on the Report of Real Estate Transactions; selection of fines

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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