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(영문) 부산지방법원 2019.10.10 2019고정865
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person other than a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto.

Nevertheless, around May 17, 2016, the Defendant, even if not a licensed real estate agent, prepared a contract for transfer and takeover of the right (facilities) to the “C Licensed Real Estate Agent’s Office” located in the Dong-gu Busan Metropolitan City, and transferred to F the right (facilities) to the “Seongdong E-gu, Busan Metropolitan City, to the premium of 35 million won, entered the “C Licensed Real Estate Agent’s Agent’s Office A” in the broker column of the contract, and took place as if the Defendant was a licensed real estate agent.

Accordingly, the defendant used the name of licensed real estate agent even though it is not a licensed real estate agent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on transfer or acquisition of rights;

1. Relevant Article of the Acts concerning facts constituting an offense and Articles 49 (1) 2 and 8 of the Licensed Real Estate Agents Act that choose the penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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