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(영문) 춘천지방법원 2015.10.23 2015고정284
공인중개사법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person other than a practicing licensed real estate agent shall use the name of "licensed real estate agent".

A person who intends to run real estate 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

Defendant has not registered the establishment of a brokerage office that is not a licensed real estate agent;

1. From July 15, 2014 to April 20, 2015, the “D” located in the Gangwon-do Human Resources C, indicated the “D” office entrance as “E” in the said “D” office entrance.

2. On July 15, 2014, the Gangwon-do “D” located in Authorized-gun C, Gangwon-do, as described in paragraph (1), introduces “Do Personnel-gun G, H, and I” to the F, who was found to purchase the land and buildings, and received KRW 1.3 million from F in terms of the fee on the same day.

Accordingly, the Defendant used the name of the licensed real estate agent office even though it is not a practicing real estate agent, and run real estate brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes concerning telephone statement hearing by her husband F;

1. Article 48 subparagraph 1 of the relevant Article of the Licensed Real Estate Agents Act, Articles 9 (1), 49 (1) 6 and 18 (2) of the Licensed Real Estate Agents Act concerning facts constituting an offense, the selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant is not a licensed real estate agent, he/she indicated a licensed real estate agent on the entrance of the office that was operated by him/her, and such act is against the fair order in real estate transactions and the protection of people's property rights, and requires strict punishment.

In addition, on October 23, 2009, the defendant was notified of a fine of three million won for the criminal facts that he/she provided brokerage services using the name of East K, a licensed real estate agent.

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