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(영문) 대구지방법원 2016.06.09 2016고정625

공인중개사법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a certified broker who operates a certified broker office B.

On December 2, 2015, the Defendant, at a public brokerage office located in Daegu-gu Dong-gu, Daegu-gu, as a broker in a contract between the seller D and the buyer E to sell and purchase KRW 161,40,000 of the F apartment unit price of KRW 102,50,000 between the seller D and the buyer. On the same day, the Defendant received KRW 1,00,000 from the buyer E as a broker fee.

Accordingly, the Defendant received money in excess of KRW 208,080,000 (=161,400,000 x 9/1000), which is a certified broker for the opening of a business, as a certified broker for the opening of a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A copy of the Internet civil petition, a copy of sales contract, and a copy of the transaction details;

1. Application of Acts and subordinate statutes on the registry of real estate brokerage offices;

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;