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(영문) 부산지방법원 동부지원 2018.04.19 2018고정131
공인중개사법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall carry on a brokerage business using another person's name or trade name or carry on a brokerage business without registering the establishment of a brokerage office.

Nevertheless, on April 5, 2017, the Defendant, without registering the establishment, provided real estate brokerage services from February 28, 2017 to November 2 of the same year using the name of the authorized broker D and the trade name of the E office that he/she operates, as well as from February 28, 2017, using the name of the authorized broker D and the trade name of the E office that he/she operates.

Accordingly, the defendant provided brokerage services using another person's name and trade name, while running brokerage business at the same time without being registered as a brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Accusation against violations of authorized judicial regulations, and application of Acts and subordinate statutes of real estate sale contracts;

1. Subparagraph 1 of Article 48, Article 9 (1) (limited to a person who runs a brokerage business without registering the establishment of a brokerage office) of the relevant Act on the grounds of criminal facts, Article 49 (1) 7, and Article 19 (2) (limited to a person who performs brokerage business using another person's name or trade name) of the relevant Act on the brokerage business;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 concerning the order of provisional payment;

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