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(영문) 대전지방법원 2020.05.07 2020고단96
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 17, 2019, the defendant was sentenced to a fine of five million won for a violation of the Housing Act by the Daejeon District Court on April 17, 2019, which became final and conclusive on November 22 of the same year.

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent authority, but the defendant shall not register the establishment of the brokerage office, and around December 24, 2015, at the "D Licensed Real Estate Agent Office" in the "D Licensed Real Estate Agent Office" in the "Special Self-Governing City, Sejong Special Self-Governing City" in the "D Licensed Real Estate Agent Office" in subparagraph c of the "Special Self-Governing City, the buyer G shall again arrange H to sell the sale right which he/she has sold to J in sequence with the H, and at the same day, H shall

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Documents, including complainants and A's text messages;

1. Documents, such as a certificate of fact that K is prepared;

1. Statement of reasons for an appeal, president of a complaint, and written opinion of the complainant;

1. Criminal records, etc. inquiry reports and application of Acts and subordinate statutes to investigation reports (Binding of court rulings in cases of violating the Housing Act);

1. Article 48 Subparag. 1 and Article 9(1) of the Licensed Real Estate Agents Act (Amended by Act No. 14334, Dec. 2, 2016); the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

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

1. The criminal act of this case, which is judged by the decision of prosecution according to the application for adjudication, shall be determined as identical to the order, taking into account all of the following factors: (a) the confession of the defendant and the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) there is no criminal record of the defendant; and (c) the size of profit from the crime of this case, the period and age of the defendant; (d) character and conduct; (e) motives, means and result of the crime of this case, which is being tried by the decision of indictment according to

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