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(영문) 대전지방법원 2015.02.05 2014고정1942
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a broker running “E” in Seo-gu Daejeon, Seo-gu, Daejeon, and Defendant A works as a broker assistant in the above brokerage office.

1. No person, other than a defendant A broker, shall indicate or advertise any object of brokerage in order to run his/her brokerage business;

Nevertheless, from February 4, 2014 to June 30, 2014, the Defendant joined the said brokerage office as a member of the next Internet KafF, and then indicated and advertised multiple brokerage objects by posting only the mobile phone number (G) in which the Defendant, a brokerage assistant, without stating the name, trade name, and location of the broker, the reported telephone number or the mobile phone number of the broker, etc. on the above Kaff, and without posting only the mobile phone number (G) in the same way as the brokerage object.

2. Defendant B, who is a brokerage assistant of the Defendant, committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation against violators of the Licensed Real Estate Agents Act, and application of the Internet content statutes;

1. Relevant Articles 49, 49, 6-2, and 18-2 (2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply), Defendant B selected from a fine: Articles 50, 49, 6-2, and 18-2 (2) of the former Licensed Real Estate Agents Act; Articles 50, 49, 6-2, and 18-2 (2) of the former 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act are confessions, depths, and reflects the relevant laws and regulations, which led to the instant crime.

In this context, considering all the circumstances such as the defendants' age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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