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(영문) 서울중앙지방법원 2013.08.16 2013고정3292

공인중개사의업무및부동산거래신고에관한법률위반

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From August 4, 2011, the Defendant, as a licensed real estate agent, operated the real estate agent office under the name of “D Licensed Real Estate Agent” in Article 38 of the Seoul Jung-gu, Jung-gu, Seoul.

In mediating a commercial lease contract, the broker shall receive the brokerage commission for the object of brokerage from both the clients, and the limit that the broker may receive from one party may receive within the limit of 9/100 of the transaction amount.

1) On January 20, 2012, the Defendant, at the office of “D Licensed Real Estate Agent” (hereinafter “D Licensed Real Estate Agent”), leased KRW 3,00,000,000 per month, to H a deposit of KRW 60,000,000,000,000 for the first floor F store located in “F” located in Jung-gu Seoul, Seoul. In return for the aforementioned brokerage, the Defendant received KRW 6,240,000,000 from H, exceeding the statutory brokerage commission (PP). (2) On April 10, 2012, at the same place as the preceding paragraph, the Defendant leased to J a deposit of KRW 40,00,000,000 per month.

In return for the above mediation, the Defendant received from J nine million won exceeding the statutory brokerage commission (Peremptory 2.790,000 won).

The Defendant received 15 million won, in excess of the statutory brokerage commission, as described in paragraphs (1) and (2).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each police statement made to H and J;

1. Article 49 (1) 10, Article 33 subparagraph 3, and Article 32 (3) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning the facts constituting an offense;

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

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

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