공인중개사법위반
Punishment on the accused shall be determined by a fine of 2.5 million won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant is a certified broker who operates a “D Authorized Broker” located in Asan City. C.
A certified broker, etc. for commencement of a business shall not receive money in excess of the remuneration or actual expenses under the Act under any pretext, such as case, donation, etc.
The Defendant, at around October 22, 2014, in the office of E located in Ansan-si, around 2, 2014, as a broker for a transaction in which G, the head of F, sells 4-story concrete 4-story detached houses located in H in ASEAN-si, Busan-si, in the purchase price of KRW 930,000,000. In the event the sale price is at least 600 million, the Defendant, despite the fact that one party to the contract is able to receive a brokerage fee of 9/1,000 or less of the transaction amount, received 20,000,000 won from F as a broker fee.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police (one time);
1. Application of Acts and subordinate statutes on real estate trade contracts and protocol of examination of witnesses;
1. Article 49 (1) 10, and Article 33 subparagraph 3 of the same Act concerning facts constituting an offense, and Article 49 (1) 10 of the same Act and Article 33 of the same Act concerning selective brokerage of criminal punishment
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. According to Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, considering the degree of excess of the statutory brokerage commission for the sentencing of Article 334(1) of the Criminal Procedure Act, the defendant does not refund the brokerage commission that the defendant received in excess to the seller, the criminal records of the defendant's criminal punishment (no such record exists), the defendant recognizes and reflects the crime, and the seller seems to have proposed to pay in excess of the brokerage commission voluntarily (it does not seem that the seller wants to return the excess payment).