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(영문) 의정부지방법원 고양지원 2017.03.17 2016고정1013
공인중개사법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

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

On October 6, 2015, at the second floor office of the building in Yeongdeungpo-gu Seoul Metropolitan Government without registering the establishment of a brokerage office, the Defendant arranged a lease contract between the lessor D and the lessee E on the first floor of the building in the above C, “F E” from October 30, 2015 to October 30, 2020, with a deposit of KRW 100 million, and the rent of KRW 500,000,000,000, as a brokerage fee for the transfer of business and the lease, and operated a real estate brokerage business for mediating the lease of real estate, etc., under the pretext of the brokerage fee, the Defendant agreed to receive KRW 15,00,000,000 from the former lessee and G, as the brokerage fee for the transfer of business and the lease.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Contracts and letters [The defendant and his/her defense counsel merely received money as a broker for the receipt of premiums in the course of acting as a broker for the transfer of business, and do not run real estate brokerage business. However, according to evidence, even if the right of lease accompanied by the transfer of business is transferred by the transfer of business, the defendant, while acting as a broker for the transfer of business, shall be signed by a certified broker only in the contract, and the defendant shall be given money as a broker for the transfer of business including the transfer of right

[Judgment of the court below]

Application of Statutes

1. Article 48 Subparag. 1 and Article 9 of the former Authorized Brokerage Act (Amended by Act No. 14334, Dec. 2, 2016);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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