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(영문) 광주지방법원 2017.04.20 2016고단6024

공인중개사법위반

Text

The sentence against the accused shall be 2,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a certified broker operating the “EA certified broker office” in Seo-gu, Seo-gu, Gwangju.

No certified brokerage agent for commencement of business shall receive any remuneration for brokerage of objects other than housing under any pretext, such as cases, donations, etc., in excess of the office remuneration rate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on April 14, 2015, the Defendant: (a) mediated a contract to sell office bonds equivalent to KRW 1102,52,000,000 to G, Seo-gu, Gwangju; (b) received KRW 1,355,00 from the seller, and received money in excess of KRW 2.05,000,000,000 from the seller, which is the upper limit of statutory fees.

In addition, until October 26, 2015, the Defendant received money in excess of KRW 8,450,000,000,000 from each other as commission fees for eight times, such as the list of crimes, and received money in excess of KRW 6,440,00,00 from each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each investigation report (with respect to the current status of double parcelling-out by a n&D implementation company, the current status of double parcelling-out, the rate for the commission of officetels brokerage, the confirmation of the details of transactions with the suspect and the n&D company account, the video recording report of the suspect A image, and the preparation and report

1. Application of Acts and subordinate statutes on sales contract by the complainants, such as the details of remittance of brokerage fees (300,000 won), a copy of the passbook A (the details of payment of brokerage fees), I's 905 unit sales contract, etc.;

1. Article 49 (1) 10, and Article 33 subparagraph 3 of the same Act and the selection of each fine, respectively, for the relevant legal provision and each of the certified judicial brokers who choose a punishment for an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) the circumstances indicated in the instant case, such as the Defendant’s age, sex, environment, circumstances and results of the instant crime; and (b) the following circumstances.