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(영문) 수원지방법원 2013.06.13 2012고정2729

공인중개사의업무및부동산거래신고에관한법률위반

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, 50,000 respectively.

Reasons

Punishment of the crime

1. Defendant B is working as a broker assistant of “E Licensed Real Estate Agent Office” in the “E Licensed Real Estate Agent Office” of the Party A’s population D at the time of acceptance, and the broker, etc. does not receive money or goods in excess of the fees or actual expenses stipulated in the “Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act” under the pretext of the case, gift and any other circumstances. On October 21, 2011, the Defendant performed the act of brokering sales contract for KRW 1.5 million with respect to 04 of the land floor of the Party G building at the time when F was actually owned, and around that time, received KRW 2 million from F as a brokerage commission.

2. Defendant A was a licensed real estate agent operating “E Licensed Real Estate Agent Office” in the wife population D at the time of acceptance, and Defendant A, a broker assistant to which the Defendant indicated in paragraph (1) belongs, committed an offense upon receiving money and valuables exceeding the statutory fees as above.

Summary of Evidence

1. Legal statement of witness F;

1. The voice or statement of a witness H in the third protocol of trial;

1. Each police suspect interrogation protocol and suspect interrogation protocol against the Defendants

1. The second, third, police statement of the H, the application of Acts and subordinate statutes on the statement of the prosecution;

1. Article 49 (1) 10 and subparagraph 3 of Article 33 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; Defendant A who selects a fine: Articles 50 and 49 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions; Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;