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(영문) 창원지방법원 2017.07.25 2017고단1543
공인중개사법위반
Text

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

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

Reasons

Punishment of the crime

From April 22, 2014, the Defendant only worked as a brokerage assistant to the C A certified brokerage office located in Kim Sea-si B from April 2, 2014 to the present date, and is not qualified as a certified brokerage agent for the opening of business.

A person who intends to run a brokerage business shall register the establishment of a brokerage office as prescribed by related Acts and subordinate statutes.

Nevertheless, the Defendant, at around December 23, 2015, operated brokerage business without registering the establishment of a brokerage office, such as receiving KRW 5 million from I as a real estate intermediary fee, for transfer of KRW 5 million from I on February 9, 2017 to the real estate intermediary fee, as to the sale and purchase contract for KRW 1.1 billion for the sale and purchase price of KRW G, H, and 1.1 billion in his/her name, and receiving KRW 5 million in his/her name as a intermediary fee.

Summary of Evidence

Application of the Act and subordinate statutes to the register of real estate brokerage offices for the defendant's legal statement

1. Article 48 subparagraph 1 of the same Article and Article 9 of the same Act as an authorized judicial broker for criminal facts;

2. Selection of a fine for selective punishment (not including the fact that there are no previous convictions for the same offense, and that the offense is recognized, and that the punishment is divided);

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

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