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(영문) 창원지방법원 2018.01.18 2017고정876

공인중개사법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a certified broker who operates the "C office" at the window B of Changwon-si, and shall not receive money and valuables in excess of the statutory fees for the brokerage of real estate under the pretext of case, donation, and any other pretext.

Nevertheless, the Defendant, at the above office around May 5, 2016, arranged a sales contract to sell a seller’s land and its ground “Fel” to G to the buyer for KRW 920,000,000,000 on the same day from the above G as a brokerage commission, and received KRW 10,000,000,000 from the above G as a commission under the law, and received KRW 8,280,000,000 as a commission under the law (an amount calculated by multiplying 920,00,000,000 by 0.999%).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on real estate sale contracts;

1. Relevant legal provisions concerning facts constituting an offense and Article 49 (1) 10 and subparagraph 3 of Article 33 of the Judicial Act as a matter of course for the selective official approval of punishment (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against the Defendant at the time of the instant crime, the fact that the Defendant agreed with G, and other factors, such as the Defendant’s age, environment, family relationship, record of the crime, etc., are considered and decided as above.