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(영문) 광주지방법원 순천지원 2014.01.15 2013고정790

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 10, 2010, the Defendant introduced the buyer C to the real estate broker E, who operates the “D Licensed Real Estate Agent Office” and had the buyer intermediate the sales contract with the seller F on a size of 49,901 square meters of G forest land GYYYYYYYYYYYY, and, on November 10, 2010, performed the real estate brokerage business upon obtaining nine million won out of E, which was paid by E as the brokerage commission from E. < Amended by Presidential Decree No. 22426, Nov. 10, 2010>

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes on real estate sales contracts;

1. Article 48 of the relevant Act and Articles 48 and 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting an offense, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel's argument and the reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant only received consultation fees from the defendant to help him/her build a new house on the real estate in the judgment and did not act as a broker for real estate transactions. However, the above argument is not acceptable in light of the following circumstances revealed by the evidence, i.e., the defendant received KRW 9 million from a licensed real estate agent E who arranged the above contract because the sales contract of the real estate in the judgment was not long and long, and the defendant also received KRW 9 million from the licensed real estate agent E who arranged the above contract, and the defendant stated to the effect that he/she provided the above money by the police to the effect that he/she introduced the buyer.

However, after receiving the above money, the Defendant actually proceeded with the authorization and permission procedure for the new house for the buyer.