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(영문) 춘천지방법원 2018.05.16 2018고정53

공인중개사법위반

Text

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

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

Defendant

B is an authorized broker belonging to the "D Authorized Broker Office" located in Chuncheon-si, and the defendant A is a married agent belonging to the above certified broker office.

No certified broker, brokerage assistant, etc. for commencement of business shall receive money and valuables in excess of the remuneration or actual expenses under the relevant Acts and subordinate statutes under any pretext, such as case, donation, etc.

Nevertheless, on January 17, 2017, the Defendants: (a) arranged a real estate sales contract for the seller’s sale of land and buildings (housing) located in Chuncheon City F to G for KRW 320 million to the buyer; (b) received KRW 0.4% and KRW 1280,000,000 from G, which is the maximum commission rate for legal brokerage commission, in excess of KRW 0.9% and KRW 280,000; and (c) received KRW 0.9% and KRW 2880,00 from G.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. Application for coal in G;

1. Application of Acts and subordinate statutes to a real estate transaction contract (housing), a certificate of confirmation of the object of brokerage, a certificate of mutual aid, a general building ledger, a ledger of land, a ledger of passbook transactions, details of passbook transactions, real estate brokerage fees table, a certified broker's business registration certificate, Chuncheon viewing brokerage assistant (A), an application of an investigation report (verification of a seller's brokerage fees);

1. Article 49 (1) 10 and Article 33 subparagraph 3 of the same Act, Article 30 of the Criminal Act, and Article 30 of the same Act, the selection of a fine for the relevant criminal facts, each of the certified judicial brokers who choose a penalty;

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

1. Determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the Provisional Payment Order

1. The Defendants asserted that they received a request for the brokerage of the purchase of commercial buildings, and that they received 2.88,00 won, which is the commission of commercial buildings, by mediating the purchase of the land of Chuncheon City (hereinafter “instant land”) and its ground (hereinafter “instant building”) the real value of which is the shopping district, and thus, receive the excess commission determined by the public brokerage law.