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(영문) 대전지방법원 2016.06.23 2016고정270

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 obtained the qualification as a certified broker on July 20, 2005, and has been operating D A certified broker in Daejeon E-gu, Daejeon.

No certified intermediary shall receive money or goods in excess of the remuneration or actual expenses under any pretext, such as a case, donation, etc.

However, around October 14, 2014, the Defendant: (a) received KRW 53,870,000 on the same day from the seller G through the agricultural bank account in the name of the Defendant in excess of the statutory brokerage remuneration of KRW 453,870; and (b) received KRW 6 million on October 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to copies of the G production petition;

1. Relevant legal provisions concerning facts constituting an offense and Article 49 (1) 10 and subparagraph 3 of Article 33 of the Judicial Act as a matter of course for the selective official approval of punishment (opportune selection);

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 for the provisional payment order shall be determined as ordered in consideration of the fact that G offsets against other claims against the brokerage remuneration to be returned to G, and that it does not want the punishment of the defendant.