Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person other than a licensed real estate agent using similar title shall not use the name of licensed real estate agent or any other similar name;
Despite the fact that the Defendant is not a licensed real estate agent, from May 2017 to July 2018, the Defendant used the name similar to that of the licensed real estate agent by putting up a fixed signboard “C” at Daegu-gun B, and using the name “C Representative A” as the name “C Representative A”.
2. A person who intends to operate a real estate brokerage business without registration shall register the establishment of a brokerage office with a registration authority having jurisdiction over an area which intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land
On August 3, 2017, the Defendant, within E Real Estate located in Daegu-gun, Daegu-gun, Inc. D, without registering the establishment of a brokerage office, operated a brokerage business of selling 3.25 million won to H the Daegu-gun, Daegu-gun, Daegu-gun, and four parcels of land owned by F, to H, and received KRW 3.9% of the commission, including surtax, from the aforesaid F.
Accordingly, the defendant runs the brokerage business even without the registration of establishment of a brokerage office which is not a licensed real estate agent.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the details of passbook transactions, a copy of a real estate sales contract, and a copy of a suspect title box;
1. Article 49 (1) 2, and Article 8 of the Licensed Real Estate Agents Act, subparagraph 1 of Article 48 of the Licensed Real Estate Agents Act, and Article 9 of the Licensed Real Estate Agents Act, the selection of imprisonment for an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The age, character, conduct and behavior of the defendant, including the fact that he/she has a record of the punishment of a fine or the suspension of indictment for a similar crime, that the brokerage remuneration received is favorable: The confession and reflects, that he/she has no record of punishment exceeding the fine, etc.