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(영문) 서울북부지방법원 2014.10.21 2014고정2158
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

A person who works as a parking manager in Mapo-gu Seoul Metropolitan Government and who intends to engage in brokerage business shall file an application for registration of establishment of a brokerage office with the head of the Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, but on October 19, 201, the defendant was issued KRW 20,000,000 to E without registering the establishment of the brokerage office at the coffee shop in Seongbuk-gu, Seongbuk-si, Sungnam-si, Seoul Metropolitan Government, without registering the establishment of the brokerage office at the coffee shop as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

The Defendant, including that, from around that time to May 1, 2013, as shown in the list of crimes in the attached Table, arranged five parking lots for E, F, G, etc., and received 45 million won as brokerage fees.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (verification by a complainant for a suspect's defense);

1. Application of Acts and subordinate statutes to each contract, entrustment contract, and remittance data;

1. Article 48 of the relevant Act on criminal facts and Articles 48 subparagraph 1 and 9 of the Business Affairs of the former Licensed Real Estate Agent and Report of Real Estate Transactions Act (Amended by Act No. 12635, May 21, 2014); Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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