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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a certified architect who is operating an architect office under the name of "C" in Busan Shipping Daegu B5th floor.
Although a person who is not an authorized broker of the opening business is prohibited from using the name of "authorized Broker's Office", "Real Estate Brokerage", or any other similar name, the defendant used the name of an authorized broker even though he is not a certified broker by attaching a signboard "D" on the lower side, etc. of the 5th floor of his office building in B in the above address on March 29, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of statutes on site photographs;
1. Article 49 (1) 6 and Article 18 (2) of the Act on the Protection of Criminal Offenses and Articles 49 (1) 6 and 18 of the Act on the Protection of Private Participation in Judicial Matters, Selection of fines for criminal facts
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that “A defendant shall not engage in real estate brokerage business, and the meaning of the signboards stated in facts constituting an offense is not the purport of advertising real estate brokerage business.” However, a penal provision on an unregistered broker is separately provided in a public brokerage law, and Articles 18(2) and 49(1)6 of the Act and subordinate statutes applicable to the instant case are established only by the fact that a person, who is not an authorized broker, uses a name similar to “real estate brokerage,” and thus, Defendant’s lawsuit is without merit.”