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(영문) 부산지방법원 동부지원 2018.11.08 2018고단1354
공인중개사법위반
Text

[Defendant A] The defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

1. Defendant B is currently receiving rent of KRW 2.2 million from the victim E at the above office around March 16, 2017 when the Defendant worked as a broker assistant from D (ju) located in Busan High-gu, Busan High-gu. (hereinafter “F-owned building”).

When the building of this case is purchased, the rent revenue can be fully made up of fixed profits.

“.......”

However, at the time of fact, the rent for the instant building was KRW 80,000, and the monthly rent was an important factor in the transaction that determines the return on profit from the building owned by the Defendant, despite that the monthly rent was an important factor in the transaction that determines the return on profit from the building.

As above, Defendant 1 abused the judgment of the victim who is the client, and acquired 7.2 million won from the victim who purchased the building from F to the third party on March 20, 2017.

2. When Defendant A operates D as an authorized broker, Defendant A violated the public brokerage law by making a false speech and behavior concerning important matters relating to transaction of the object of brokerage as described in paragraph (1).

Summary of Evidence

1. Legal statement of G;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Character messages;

1. The application of Acts and subordinate statutes on the lease of each real estate, a copy of the lease contract, and real estate transaction contract;

1. Relevant legal provisions and Defendant B who choose a sentence on the facts constituting an offense: Defendant A of Article 49(1)10, and Article 33 subparag. 4 (Determination of a penalty) of the Authorized Brokerage Act; Article 50, Article 49(1)10, and Article 33 subparag. 4 (Selection of Penalty) of the Authorized Brokerage Act;

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

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

1. Determination on the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants are prior to Defendant B’s contract.

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