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(영문) 인천지방법원 부천지원 2012.12.20 2012고정1760
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A was a ‘D Licensed Real Estate Agent Office' operated by Defendant B, and Defendant B was a broker assistant who employed Defendant A as a broker assistant.

1. The defendant A shall not commit an act of causing judgement of the client by means of false words and behavior, etc., concerning important matters relating to transaction of the object of brokerage.

On August 1, 2010, the Defendant received a request from F to introduce a private teaching institute from F at the D Licensed Real Estate Agent Office located in Kimpo-dong, 104, Kimpo-si, Kimpo-si, and received a request from G to do so without notifying that the lessee is in public book, and caused the lessor to enter into an apartment lease contract on August 11, 2010.

2. Defendant B, at the above date, committed an offense as above against Defendant A, who is a broker assistant of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness F and G;

1. A contract for the lease of an apartment and a contract for the lease of an apartment;

1. A H statement;

1. Application of G’s authentic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Business of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Selection of Fines) Articles 49 (1) 10 and 33 subparagraph 4 of the same Act;

(b) Defendant B: Articles 50, 49 (1) 10, and 33 subparagraph 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for judgment and sentencing as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendants did not clearly understand whether the lessee F will open the public room in the apartment of this case, and thus, there was no obligation to notify the lessee that the lessee will open the public room.

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