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(영문) 춘천지방법원 2013.08.13 2013고정437
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. A person who intends to operate 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 office;

Notwithstanding the fact that the Defendant is unable to register the establishment of a brokerage office without qualification as a licensed real estate agent, the Defendant established “C Licensed Real Estate Agent” located in Gangwon-si from the beginning of June 2010, and around July 21, 2010, the Defendant received KRW 100,000,000 from the said D and F, each of the above D and F, under the pretext of brokerage commission, while acting as a broker for a contract to sell the size of 933 square meters, which is owned by D in the said office at KRW 10,000,00

Accordingly, the Defendant carried on the brokerage business by acting as a real estate broker without registering the establishment of the brokerage office.

2. No person other than a licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto.

Although the Defendant is not a licensed real estate agent, from the beginning of June 2010 to the beginning of August 2010, the Defendant run a brokerage business by using the name of “C Licensed Real Estate Agent A” in the place described in paragraph (1) at the place of “C Licensed Real Estate Agent A, while operating the C Licensed Real Estate Agent” as above.

Accordingly, although the defendant is not a licensed real estate agent, the defendant used the name of the licensed real estate agent.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Complaints and accusationss;

1. Application of Acts and subordinate statutes to a copy of suspect's name card, copy of passbook transaction statement, and copy of registration right certificate;

1. Relevant Article of the facts constituting the crime and Articles 48 subparagraph 1, 9, 49 and 8 of the Act on Business Affairs of Licensed Real Estate Agents for the Selection of Punishment and Report of Real Estate Transactions;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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