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(영문) 부산지방법원 2013.08.22 2013고단811
공인중개사의업무및부동산거래신고에관한법률위반
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person working as an intermediary in F located in Busan Jin-gu E, Busan, and Defendant B is a licensed real estate agent in F.

1. With respect to important matters relating to transaction of the object of intermediation A by Defendant A, he shall not make any judgement by the client by means of false words and behavior or other means;

On February 2, 2012, the Defendant stated that, at the 106 shop of the I building, which is the ownership of H located in Busan J, Busan, the Busan, the Defendant: (a) the I building 106 store was leased to the ELPer Co., Ltd. to the mobile phone store; (b) the Defendant stated that “it is already possible to enter the telecommunications office without permission, because there is a provision prohibiting the shop occupants of the same type of business among the rules of the IG meeting; (c) the IG had already been sold on the first floor of the commercial building; and (d) however, H had no ability to solve this problem.” However, the Defendant did not make efforts to resolve the provision prohibiting the shop occupants of the same type of business as above, and there was no ability to resolve this.

On February 23, 2012, the Defendant concluded a lease agreement with H and J as deposit money of KRW 200,000,000, KRW 400,000,000, KRW 400,000, KRW 300,000, KRW 400,000, KRW 300,000, KRW 400,000, KRW 300,00,000, KRW 30,000.

Ultimately, the Defendant, as such, abused the judgment of H and J, the client, by means of false words and behavior with respect to important matters relating to transaction of the object of brokerage.

2. Defendant A, a broker assistant of the above F, committed an act of violation in relation to the brokerage business at the above date, time, and place.

Summary of Evidence

1. The statement of the witness H;

1. Each prosecutorial suspect interrogation protocol against the Defendants.

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