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(영문) 수원지방법원 2019.01.24 2018고정1925
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a unregistered real estate brokerage business shall file a registration of establishment of a brokerage office with the Mayor having jurisdiction over an area where he/she intends to establish a brokerage office, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall not run a brokerage business without filing a registration of establishment of

Nevertheless, from around December 1, 2017 to July 2, 2018, the Defendant carried on unregistered real estate brokerage business by arranging transactions, such as sale, sale, lease, etc. of real estate, such as “F buildings” in the name of “D” in the vicinity of “E” without registering the establishment of brokerage offices in the building C in the building C, and receiving fees equivalent to 3% of the transaction amount.

2. No person using similar title as licensed real estate agent shall use the title "licensed real estate agent office", "real estate brokerage", or any similar title, which is not a practicing licensed real estate agent.

Nevertheless, the Defendant entered “licensed Real Estate Agent” in front of the Defendant’s name in the process of conducting the foregoing business at the time and place specified in the foregoing paragraph (1), and made and used a name box stating “Eis, the sale in lots, the sale in lots, or the lease,” etc., and used a name similar to an authorized brokerage office by displaying the contents of “sale in lots or lease of a knowledge industry center”

Summary of Evidence

1. Defendant's legal statement;

1. A G true statement;

1. Investigation reports (Submission of Materials by Complainants), investigation reports (registration of establishment of the brokerage office and confirmation of grounds for disqualification);

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes of a contract for sale in lots and a certified copy;

1. Relevant Article of the Acts concerning facts constituting an offense, subparagraph 1 of Article 48 of the Licensed Real Estate Agents Act (hereafter referred to as "unregistered brokerage business"), Articles 49 (1) and 6 of the Licensed Real Estate Agents Act (hereafter referred to as "use of similar name of the licensed real estate agent office"),

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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