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(영문) 대전지방법원 2016.05.19 2016고정40

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a certified broker who has operated a public brokerage office in accordance with the E-official office in the second floor of the Seoul Special Self-Governing City D, the second floor of the Dong.

No certified broker, etc. for commencement of a business shall receive money in excess of legal remuneration or actual expenses under any pretext, such as case donation.

On January 15, 2014, the Defendant: (a) arranged the lease agreements between G and B in the J apartment complex between G and B; and (b) received KRW 20 million under the name of the floor, from the H A certified broker office for the operation of G in Sejong Special Self-Governing City F and 302; and (c) received KRW 116 and 117 under the pretext of flooring.

Accordingly, the Defendant received 1,90,000 won exceeding the statutory remuneration or 8,100,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G, K, and L;

1. Application of Acts and subordinate statutes of each lease agreement;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The alleged Defendant received KRW 20 million as premium for intangible property value, such as business advantages, depending on the location of a store, etc., and thus, is not subject to a crime of violation of the public brokerage law.

2. According to the evidence of the judgment, the Defendant, as an authorized intermediary, requested KRW 20 million from G for the purpose of mediating a commercial building lease agreement between the lessor I and the lessee G, and received KRW 20 million from G for the purpose of “to avoid the floor,” and the Defendant did not receive a brokerage commission in addition to the above KRW 20 million, and the Defendant did not inform the lessor I of part of the above KRW 20 million, and the Defendant stated that it is money given to the authorized intermediary to enter a good place among the newly established commercial buildings.

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