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(영문) 인천지방법원 부천지원 2016.04.08 2016고정173
공인중개사법위반
Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B From February 2014, a person who actually operates the D office located in Bupyeong-gu Seoul Metropolitan Government, Busan Metropolitan City, and Defendant A is a certified broker who registered the establishment of the said office, and Defendant B requested A to engage in brokerage services using A’s name after completing registration of a brokerage office in the name of a certified broker, who is not qualified as a certified broker. Defendant B requested A to engage in brokerage services under the name of a certified broker, and Defendant A accepted such request.

1. No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

Nevertheless, around March 24, 2014, the Defendant arranged a lease contract with G by using the above title, which provides that the lease contract for the lease of the land owned by B to B in Bupyeong-gu, Seoul Special Metropolitan City. From around that time to March 13, 2015, the Defendant arranged the lease contract over 15 times in total, such as the list of crimes, from around that time to around March 13, 2015.

Accordingly, the defendant provided brokerage services using another person's name or trade name, and borrowed another person's brokerage office registration certificate and used it.

2. No certified brokerage broker of defendant A shall allow any other person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to any other person;

Nevertheless, the defendant allowed the above B to render brokerage services using his name or trade name and lent his brokerage office registration certificate to the above B.

Summary of Evidence

1. Defendant B’s legal statement

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. A H statement;

1. The filing of an accusation, a copy of the real estate agreement entered into by B, a report on fact-finding as to whether a certified judicial intermediary violates the law, and the submission of A (B) data.

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