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(영문) 춘천지방법원 영월지원 2017.03.21 2017고단33
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a brokerage business in violation of subparagraph 1 of Article 48 of the Certified Judicial Brokerage Act 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 in accordance with the Ordinance of the Ministry

Nevertheless, without registering the establishment, the Defendant, from May 10, 201 to November 14, 2016, operated a real estate brokerage business by operating a trade name office “C” and acting as a broker for real estate transaction.

2. No person, other than a certified judicial broker that violates Article 49 (1) 2 of the Act, shall use the name of the certified judicial broker or similar.

Nevertheless, the Defendant operated an unregistered real estate brokerage office as described in paragraph 1, and used the name of the “specialized certified broker” on the C’s website around November 2016, even though it is not an authorized broker.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. A criminal investigation report (to attach data on the website);

1. Photographs of real estate consulting offices;

1. Civil petition documents;

1. Application of a copy of business registration certificate;

1. Subparagraph 1 of Article 48, Article 9 (1) (referring to the operation of real estate brokerage business without filing for registration of a brokerage office), Article 49 (1) 2, and Article 49 (1) 8 (the use of a name similar to that of a certified brokerage office, the selection of a fine) of the relevant Act on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is that the defendant has operated an unregistered real estate brokerage business for a long time is disadvantageous to the defendant.

However, there is no record that the defendant was punished for the same crime, and all of the crimes of this case.

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