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(영문) 대구지방법원 서부지원 2014.05.16 2013고정1308
공인중개사의업무및부동산거래신고에관한법률위반
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Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Although a person who is not a licensed real estate agent does not use the name of licensed real estate agent or any other similar name, the Defendants conspired to use the name of the licensed real estate agent by delivering, around July 2012, B, not a licensed real estate agent, to F, the name of the licensed real estate agent, “E licensed real estate agent, representative G (former name):

2. A broker who receives money in excess of the statutory brokerage commission does not receive money in excess of the commission or actual cost under the pretext of case donation and others. The Defendants conspired to do so from July 18, 2012.

8. Until June 8, 200, the said F had the said F purchase of the land of 1,251,900,000 of the Seo-gu, Seo-gu and three parcels of land between the said office and received KRW 15 million exceeding 0.9% of the purchase price.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Legal statement of witness F;

1. F statement in the police interrogation protocol against the Defendants

1. The police statement concerning F;

1. The Defendants’ written statements (Investigative Records No. 196 pages)

1. A complaint;

1. A copy of a name tag or a copy of each content certificate (which shall be the 31 pages, 37 pages of investigation records);

1. Real estate sales contract and details of deposits;

1. Investigation report (the monthly cadastral records and confirmation of the office and appendix of precedents of the Real Estate Brokerage Act), real estate brokerage commission, application of related Acts and subordinate statutes;

1. Relevant Article of the facts constituting an offense, Articles 49 (1) 2 and 8 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Article 30 of the Criminal Act, Article 49 (1) 10 and Article 33 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the selection of fines;

1. Article 37 of the Criminal Code among concurrent crimes.

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