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(영문) 수원지방법원 2014.08.20 2014고정1756
공인중개사의업무및부동산거래신고에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions provides that a broker shall not engage in direct transactions with a client or act on behalf of both parties to a transaction, the defendant, as the representative of the B Licensed Real Estate Agent's Office, shall prepare a land sales contract for the defendant to acquire the above land against C and D at the time of harmony with the client on July 11, 2013, and shall directly act as a buyer, and shall prepare and deliver a written statement to the sales contract, directly signing and sealing, the seal, the confirmation of the object of brokerage, and the statement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 48 subparagraph 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, Article 33 subparagraph 6 of the Act on Report of Real Estate Transactions, and Selection of fines concerning facts constituting an offense;

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

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 3,00,000 won for a fine, KRW 100,000 for a period of exchange: From the Construction of SK which is the owner of the land and is requested to make a lump sum sale after a provisional partition of the land, and because it is difficult for the purchaser to do so, it would inevitably result in the crime of this case due to the seller’s demand. The above provision aims to prevent the broker from taking unfair profits or causing damage to his client by making a transaction by utilizing his status. In this case, the large enterprise which is the client and the client seems to be difficult for the defendant to take unfair profits by taking advantage of his status, the defendant is the primary offender, and the defendant is against the wrong act).

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