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(영문) 대구지방법원 2017.05.10 2017고정570

공인중개사법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As an authorized intermediary, the defendant is a person who has been engaged in the authorized brokerage business from around 2010 to Youngcheon-si B with the trade name C.

On July 19, 2016, the Defendant: (a) mediated a sale and purchase contract with Yongcheon-si E forest owned by D at the above certified brokerage office; (b) received commission of KRW 3,700,000,000, which is a brokerage fee for KRW 175,500 (within 9/100 of the transaction amount) as stipulated in D, which is an intermediary fee for KRW 175,50,000, which is paid by D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certification of contents, text message, remittance receipt and order box, certified copy of real estate register, certified copy of real estate register, certified copy of a corporate account register, details of transactions by passbook, standard return and payment statement of income tax on transfer, each real estate transaction contract, etc.;

1. Application of Acts and subordinate statutes of each investigation report (No. 8,15,28 of evidence list);

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;