공인중개사법위반
Defendant shall be punished by a fine of KRW 2,000,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On July 24, 2017, the Defendant is a certified broker who operates D offices in the Gyeongdong-gun C and the first floor, and E, the reason for assisting the Defendant, committed the following acts with respect to the Defendant’s duties:
1. No one shall operate a brokerage business without registering the establishment of a brokerage office with the competent authority, and no certified brokerage broker, etc. for his/her opening business shall receive money and valuables in excess of the prescribed remuneration or actual expenses from the client with respect to the brokerage business;
Nevertheless, on July 24, 2017, E mediates a sales contract between G and buyer H, which is the owner of land and housing in the Gyeongdong-gun, G and buyer H, etc. at the above office around the day of July 24, 2017. The buyer H received five million won more than 650,000 won in the name of E in the name of E, under the pretext of a commission for brokerage.
2. No person, other than an authorized broker, shall use the name of an authorized broker or similar name;
Nevertheless, on July 24, 2017, E used the name of a certified broker or a similar name, even if it is not a certified broker, by stating "D office, E, apartment/Housing/Land/studio sale/lease."
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made to I by the police;
1. H's certificate;
1. A copy of a real estate sale contract, a statement verifying objects of brokerage, or a statement (E);
1. Application of Acts and subordinate statutes indicating the rate of remuneration for the brokerage of real estate in latitude-do;
1. Article 50, Article 48 subparag. 1, and Article 9 (U.S. Operation of Unregistered Brokerage Business), Article 50, Article 49(1)10, and Article 33 subparag. 3 (Receipt of money or goods in excess of remuneration) of the Authorized Brokerage Act, Article 50, Article 49(1)2, and Article 8 (Use of Name of Authorized Broker) of the Authorized Brokerage Act concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 provides that a provisional payment order shall be issued.