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(영문) 청주지방법원 충주지원 2016.04.27 2015고정251
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From Jun. 30, 2010 to Sept. 7, 2011, the Defendant worked as a brokerage assistant of “E office” in Chungcheong-gun A, Chungcheong-gun D, a private brokerage agent who had completed the registration of a brokerage office, and the brokerage assistant, as provided in Article 2 subparag. 6 of the Act on the Business Affairs of Certified Broker and Report of Real Estate Transactions, shall not perform the business concerning the essential part of the brokerage business, beyond mere assistance related to the broker’s brokerage business, such as field guidance of the object of brokerage and general affairs, and shall not perform the business concerning the essential part of the brokerage business. However, around Nov. 1, 2010, the Defendant explained F of the above brokerage office that “Ieong-gun, Chungcheongnam-gun, Chungcheongnam-gun, G land), selling KRW 90,00 won, which means only KRW 80,000 won per square year, to arrange for the acquisition, loss, and transfer of the object of brokerage, thereby explaining the acquisition, loss, and transfer of the object of brokerage to H.

Accordingly, the defendant used another person's trade name to render brokerage services.

[Defendant asserts that he only provided the above brokerage services without compensation and does not engage in business.

However, Article 2 of the former Act on the Business Affairs of Certified Private Brokerage and Report of Real Estate Transactions (amended by Act No. 10580, Apr. 12, 201; hereinafter “Public Brokerage Act”) separates between “mediation” and “trust business”, and Article 48(1) of the same Act provides that an authorized broker shall be punished for engaging in the business of brokerage without registering the establishment of a brokerage office, while Article 49(1)7 of the same Act provides that a person who is not qualified as a certified broker is punished for engaging in brokerage business by using the name or trade name of the certified broker.

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