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(영문) 청주지방법원 2018.10.18 2018고정407

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

The Defendant is a certified broker who runs real estate brokerage business in the name of “C” in the petition district B at the Cheongju-si.

No certified brokerage broker, etc. for the opening of business shall receive money and valuables from the client in excess of the remuneration or actual expenses under Article 32 of the Certified Judicial Brokerage Act with respect to the brokerage business under the pretext of the case, donation, etc.

Nevertheless, around March 27, 2017, the Defendant: (a) mediated at the said C office to sell E’s housing in the name of Heung-gu, Heung-gu; (b) sold it to E in the amount of KRW 156 million; and (c) received 4.5 million worth exceeding 5/1,000 of the said real estate transaction amount, which is the brokerage remuneration limit under the said Act, from E, under the pretext of brokerage commission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A real estate sale contract;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 49 (1) 10, Article 33 subparagraph 3, and Article 32 of the relevant Act concerning criminal facts, and the selection of a fine, Article 49 (1) 3, and Article 32 of the relevant Act concerning certified judicial brokers;

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;