공인중개사의업무및부동산거래신고에관한법률
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended separately.
1. Summary of grounds for appeal;
A. In fact, the Defendants: (a) the client F attempted to first purchase; (b) the client F.
H arranged the sale of J land so that three lots of land, such as H, can be connected to the road, and the said J land was divided into the said J land to purchase land I to sell only the necessary parts to F, and the land was divided and conducted, and a lot of time and expenses were invested in this process.
The Defendants received KRW 1.7 million upon agreement with the purchaser F, considering the complexity of the instant sales contract as above, and the said money includes actual expenses in addition to legal fees.
Therefore, since the Defendants received 1.7 million won from the statutory fees and actual expenses, the Defendants should be acquitted of the facts charged in this case with the content that they exceeded the maximum limits of statutory fees, etc. However, the judgment of the court below which convicted the Defendants by mistake of the facts and affected the conclusion of the judgment.
B. The punishment of the lower court (the fine of KRW 700,000 for each of the Defendants) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case is a certified broker whose business is the brokerage of real estate in the name of “EA certified broker office” in the voice group D in Chungcheongbuk-gun, and Defendant A is the husband of Defendant B and is the assistant of the above E certified broker office.
(1) Defendant A broker, a certified broker, a brokerage assistant, or an employee or executive officer of a broker shall not receive money in excess of the fees or actual expenses under the relevant provisions under any circumstances, such as a case, donation, etc.
Nevertheless, on July 3, 2012, Defendant A entered into a contract with Defendant B to purchase KRW 1643 square meters in three lots, such as H, etc. owned by the seller, at the E-authorized brokerage office located in Chungcheongnam-gun, Chungcheongnam-gun, the brokerage assistant of Defendant A, and the buyer F.