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(영문) 춘천지방법원 2015.08.13 2015고정142
공인중개사법위반
Text

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

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a licensed real estate agent who has completed the registration of establishment of a brokerage office under the name of "D Licensed Real Estate Agent Office", and the defendant A is a brokerage assistant of the said brokerage office.

1. No defendant A shall take over or borrow and use a certificate of qualification of licensed real estate agent for another person;

Nevertheless, on March 30, 2013, the Defendant leased and used B’s certificate of licensed real estate agent agent’s license by arranging a contract to sell F-owned 2,716 square meters and H 1,798 square meters in the name of B in the name of the licensed real estate agent in the above D Licensed Real Estate Agent Office in Seocheon-gun, Gangwon-do.

2. No defendant B licensed real estate agent may allow another person to render brokerage services using his name, or transfer or lend his certificate of licensed real estate agent to another person;

Nevertheless, the defendant lent the qualification certificate of the defendant by allowing A to render brokerage services in the name of the defendant at the date, time, place specified in Paragraph 1.

Summary of Evidence

1. A witness I and each legal statement of the J;

1. A complaint prepared by the I;

1. A real estate sales contract;

1. A proxy copy;

1. A copy of the confirmation description of the object of brokerage;

1. Copies of all the registered matters;

1. Each police statement made to I;

1. Each police suspect interrogation protocol regarding F;

1. Each police suspect interrogation protocol against Defendant A;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. A list of transactions of ordinary deposits;

1. Application of the prosecutor's interrogation protocol to the Defendants

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49(1)1 and 7(2) of the Licensed Real Estate Agents Act;

(b) Defendant B: Articles 49(1)1 and 7(1) of the Licensed Real Estate Agents Act;

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Defendants and the Defendants.

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