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(영문) 대전지방법원 2013.11.21 2013고정1962
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 9,000,000, and by a fine of KRW 2,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is a person who runs the real estate brokerage business under the trade name of E Licensed Real Estate Agent Office in Jung-gu Daejeon, Daejeon, and the defendant A is a brokerage assistant.

1. No person other than the defendant A licensed real estate agent shall use the name of licensed real estate agent or any other name similar thereto;

Nevertheless, from October 201 to July 9, 201, the Defendant did not report a brokerage assistant to the competent office, and was affiliated with the said licensed real estate agent office and received a request for sale and purchase of real rights from many unspecified persons, and the Defendant completed the work, stating the name “E licensed real estate agent A” in the above licensed real estate agent office, and used the name similar to that of the licensed real estate agent.

2. Defendant B committed the above offense in relation to the Defendant’s business at the time and place as referred to in the preceding paragraph, A, an intermediary assistant belonging to the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. B's certificate;

1. A written accusation;

1. Application of Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49(1)2 and 8 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Selection of a fine

B. Defendant B: Articles 50, 49(1)2, and 8 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Selection of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A was issued a summary order of KRW 10 million on December 20, 201 for the same crime and on March 1, 2011, despite the fact that the above summary order became final and conclusive on March 1, 201, Defendant A was a person who disturbed the real estate transaction order in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and thus, it cannot be said that social harm and injury caused by the Defendant’s act is not caused to the Defendant.

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