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(영문) 창원지방법원 2017.05.17 2016고단4519
공인중개사법위반
Text

Defendants shall be punished by imprisonment for four months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was a brokerage assistant of H-authorized brokerage office located in G from May 12, 2015 to February 29, 2016, and from July 2016, he/she was appointed as a brokerage assistant of the J-authorized brokerage office located in G from Chang-si, Sungwon-si. Defendant B was the brokerage assistant of the said H-authorized brokerage office from September 4, 2015 to February 29, 2016. From July 2016, he/she was appointed as the brokerage assistant of the said J-authorized brokerage office.

1. No person, other than a certified public broker, shall use the similar title as a certified public broker or similar;

A. Defendant A, from July 1, 2016 to the 20th day of the same month, used a name similar to that of a certified broker by using a name named as “A representing a certified broker” in the above J’s certified broker office even if the said office is not a certified broker.

B. Defendant B, from July 1, 2016 to 20th of the same month, used a name similar to that of a certified broker by using a name named as “J certified broker B”, even if the said office is not a certified broker, and used the name “J certified broker B”.

2. No money or valuables shall be received in excess of the remuneration or actual expenses under statutes, such as a case, donation, etc., by an authorized broker, etc. (a certified broker, an affiliated certified broker, an affiliated broker, an assistant, or an employee or executive of a certified private broker), who provides money or valuables, in excess of the upper limit of statutory brokerage remuneration;

On February 1, 2016, the Defendants arranged a sales contract to purchase the M of the window of Changwon-si, which is the joint ownership of the husband L by K and K, to KRW 145 million. However, the above sales contract was rescinded due to the reasons attributable to the above N, and the contract deposit amount of KRW 30 million paid by N to K was acquired by K on the day of the contract.

Defendants, at the point of “O” located in the Changwon University at around March 18, 2016, at the Changwon University, as seen above.

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