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(영문) 대구지방법원 김천지원 2016.10.18 2016고정169
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office, as prescribed by Ordinance

Nevertheless, on January 30, 2015, the Defendant introduced the F apartment 5 and 902 from D real estate located in the Gu, Si, Si, Si, Gu, to E (Inn, 50 years of age) to enter into a contract for the supply of F apartment 5 and 902, and received KRW 5 million as a brokerage commission, and on February 5, 2015, introduced 3 and 802 units of apartment 3 and 802 units to H to the same method.

Accordingly, the defendant carried on real estate brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each police statement to E and J;

1. The defendant asserts that the transaction by member account (transfer account/specific summary designation), details of account transaction, and each supply contract [the defendant merely introduced the buyer with the delegation of the seller, received the commission for sale in lots, and does not act as a broker for real estate transaction. Article 2 subparagraph 1 of the Licensed Real Estate Agent Act provides that the "trade broker" means the broker for sale, exchange, lease, and other acts of gain, loss, and transfer of rights between the parties to the transaction regarding the object of brokerage as provided in Article 3. Whether an act constitutes brokerage or not shall be determined by generally accepted social norms by objectively considering the broker's act in light of the purport of the legal provision aimed at protecting the transaction parties (see, e.g., Supreme Court Decision 2004Do5271, Nov. 12, 2004).

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