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(영문) 수원지방법원 성남지원 2016.08.25 2016고정880
공인중개사법위반
Text

Defendant shall be punished by a fine of 2.9 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to run 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 under the conditions as prescribed by Ordinance of the Ministry of Transport

Nevertheless, from April 2015 to October 2015, the Defendant engaged in real estate brokerage business, such as mediating a contract for transfer or acquisition of an apartment E in Suwon-gu 4007 Dong 1303, Suwon-gu between transferor C and transferee D, without registering the establishment of the Gyeonggi-si Building B and the brokerage office in 101, and between transferor C and transferee D.

2. A person, other than an authorized broker, shall not use the name "authorized Brokerage Office", "Real Estate Brokerage", or any other similar name.

Even if the Defendant is not an authorized broker, from April 2015 to October 2015, the Defendant used the names similar to the “authorized Brokerage Office”, “Real Estate Brokerage Office”, and “Real Estate Brokerage Office” by indicating that the above building B, “F real estate”, and “F Authorized Brokerage Office” outside the above 101 from October 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Act on Criminal facts, subparagraph 1 of Article 48 of the Act on the Private Participation and Commission (a point of unregistered brokerage business), Article 9 of the Act on Private Participation and Commission, Article 49 (1) 6, and Article 18 (2) of the Act on Private Participation and Commission (a point of using any similar name, such as the office of an authorized broker and office), and the selection of a fine;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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