공인중개사의업무및부동산거래신고에관한법률위반
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The Defendant is a licensed real estate agent’s trade name from around 2004 to around 2009, and a person operating a licensed real estate agent’s office under the trade name of “D real estate” from around 2010.
A broker, etc. shall not receive money and other valuables under any pretext, such as cases, donation, etc. in excess of 9/1,00 of the transaction amount, for the brokerage of objects other than housing.
Nevertheless, on November 6, 2008, the Defendant received KRW 24,000,000,000, including the sum of KRW 4,000,000,000, from F’s husband I around November 6, 2008, as a brokerage commission, for more than a statutory commission, from the seller F and G for the purchase price of KRW 26,104 square meters of KRW 490,00,00 among the seller F and the buyer of the said “C Real Estate” office located in Gangnam-gun, Gangwon-gu, Seoul Special Metropolitan City. < Amended by Presidential Decree No. 21190, Feb. 11, 2009; Presidential Decree No. 22000,00,000, Oct. 6, 2008
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by the F;
1. Application of a copy of a land sales contract;
1. Article 49 (1) 10 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning facts constituting an offense, and subparagraphs 3 of Article 33 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant has a depth of and reflects the crime of this case; (b) the first offender who has no criminal record; (c) the amount of the fee that the defendant acquired in excess of the defendant; and (d) the amount of the fee that the defendant acquired due to the sentencing of this case, the disadvantage that the defendant would be receiving due to the sentencing of this case; and (e) the overall circumstances that form the conditions