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(영문) 수원지방법원 2017.05.26 2017고단1482
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of

Nevertheless, on April 8, 2016, the Defendant, without registering the establishment of a brokerage office, arranged the conclusion of a real estate sales contract for selling the land 1,539 square meters in D’s wife E and F to G in the purchase price of KRW 933,12 million, and received KRW 20,000,00 as a commission fee to the agricultural bank account in the name of H, his wife, around April 21, 2016, from around that time to July 6, 2016, the Defendant operated the brokerage business without registering the establishment of a brokerage office on a total of seven occasions, such as the list of crimes, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement statement made to I by the police (Evidence No. 16);

1. A supplementary statement for the complaint and accusation;

1. Application of each real estate transaction contract (Evidence No. 3, 4, 7, 8, 11, 12, and 13) and each brokerage commission receipt, and the details of payment of each brokerage commission (Evidence No. 6, 9, and 14) related Acts and subordinate statutes;

1. Subparagraph 1 of Article 48 and Article 9 of the relevant Act concerning criminal facts, and the selection of a fine, under Article 48 of the relevant Act concerning certified judicial brokers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, as well as the circumstances leading to the instant case, the amount of commission acquired by the Defendant, etc.

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