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(영문) 부산지방법원 2017.04.12 2016고정4262

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No certified intermediary, etc. for commencement of business shall receive money or goods in excess of the remuneration or actual expenses prescribed by municipal ordinance of the Special Metropolitan City Metropolitan City, Metropolitan City, or Special Self-Governing Do within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, on the pretext of

Nevertheless, between May 31, 2016 and around 14:00, the Defendant received delivery of KRW 10,000,000, from D, in excess of KRW 220,000,00, which can be paid as remuneration to the Defendant who arranged a sales contract between E and E for the housing owned by the Defendant in Busan.

Accordingly, the defendant received money in excess of the remuneration or actual expenses stipulated by the ordinance of the Special Metropolitan City Metropolitan City or the Special Self-Governing Do within the scope stipulated by the Ordinance of the Ministry of Land, Infrastructure and Transport

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Police investigation report (Attachment to records related to the case - Copy of the protocol of interrogation of the police suspect against the accused);

1. Application of Acts and subordinate statutes on real estate sale contract, statement confirming objects of brokerage, copy of passbook, and deposit receipt;

1. Article 49 (1) 10, and Article 33 subparagraph 3 of the same Act concerning facts constituting an offense, and Article 49 (1) 10 of the same Act and Article 33 of the same Act concerning selective brokerage of criminal punishment

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; (b) the return of the money and valuables that the Defendant received in excess of the Defendant; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the circumstances constituting the conditions for sentencing, such as the circumstances after the crime, etc., shall be determined as indicated in the order.