beta
(영문) 서울동부지방법원 2019.07.19 2018고정1254

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates the C Licensed Real Estate Agent Office on the Songpa-gu Seoul Metropolitan Government B and the first floor.

1. A licensed real estate agent shall not receive money or goods in excess of the remuneration or actual expenses under Article 32 of the Licensed Real Estate Agents Act under any pretext, such as a precedent, donation or others;

Nevertheless, on December 3, 2015, the Defendant, while mediating the sale of the right to sell apartment housing E E in Songpa-gu Seoul from the seller D on December 3, 2015, stated 523,000,000 won which is the upper limit of statutory fees x 0.06 = 138,000 won in the indictment x 0.05 = 115,000 won x 115,000 won which is clearly unfavorable to the Defendant, but it is corrected since it is a clerical error that is disadvantageous to the Defendant.

It received 3,000,000 won in excess of money and valuables.

2. No one shall instigate real estate speculation, such as mediating, etc. the sale of real estate for which registration of ownership preservation or transfer has not been made, or the change of rights, such as resale, etc. has been restricted pursuant to relevant statutes, with intent to evade taxes or otherwise violate relevant statutes;

Nevertheless, on December 3, 2015, the Defendant, at the office of a licensed real estate agent operated by the Defendant, mediated the sale and purchase of an apartment apartment E E in Songpa-gu Seoul, Songpa-gu, Seoul, which was owned by the seller, thereby promoting real estate speculation by mediating the sale and purchase of real estate without registration of ownership preservation or transfer for the purpose of violating related statutes, such as tax evasion, or by arranging the sale of real estate, the change of rights such as resale, etc.,

To the extent that there is no substantial disadvantage in the defendant's exercise of the defendant's right of defense, part of the work records were amended.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (including written answers to D and written confirmations);

1. Application of a copy of a sales contract, or a copy of sales contract;

1. Article 12 of the Licensed Real Estate Agents Act and the Selection of Punishment for Criminal Facts;