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(영문) 의정부지방법원 고양지원 2016.07.15 2016고정352
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a broker, defendant B, or C who operates the "F Authorized Brokerage Office" in Pakistan at the time of strike, a broker, defendant B, or C is a person who assists in the brokerage of the above Authorized Brokerage Office.

1. No defendant A shall allow another person to provide brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, on May 9, 201, the Defendant, at the above authorized intermediary office, prepared a trade contract for I and one parcel between G and H in the case of strike between G and H, and a trade contract for K and one parcel between J and H in the case of strike. As such, B and C had the Defendant enter the Defendant’s name and trade name in the brokerage company column of the transaction contract and prepare the said transaction contract, thereby having the said B and C perform the brokerage business using the Defendant’s name and trade name.

2. No defendant B or C shall provide brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate by taking over or lending the certificate;

Nevertheless, the Defendants conspired to act as an intermediary by using the name and trade name of A in the same manner at the time and place specified in the above 1.1.

Summary of Evidence

1. The respective legal statements of Defendant B and C

1. Each police statement made against L/M;

1. Application of Acts and subordinate statutes to file an accusation, land sale and purchase contract, deposit account statement of passbook, register of brokerage offices, and application for registration of brokerage offices;

1. Article 19(1)7, and Article 19(1)9(1)2, and Article 19(1)2, and Article 19(1)3 of the former Act on the Business Affairs of Certified Brokerage and Report of Real Estate Transactions (Amended by Act No. 11866, Jun. 4, 2013; hereinafter the same shall apply), Defendant B, and C: The former Act on the Business Affairs of Certified Private Broker and Report of Real Estate Transactions, and Article 19(1)7 and Article 19(2) of the former Act on the Report of Real Estate Transactions.

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