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(영문) 대구지방법원 2018.07.26 2018고정553

공인중개사법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a real estate broker who operates the “C” in Daegu Southern-gu B.

Real estate brokers, etc. shall not receive money and other valuables exceeding the actual expenses or fees prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, or a Do, under any pretext, such as case, donation, etc.

Nevertheless, at the above public brokerage office on November 21, 2017, the Defendant received money and valuables exceeding the upper limit of the statutory brokerage commission (891,000 won) under the pretext of D, by mediating a contract by the seller D to the buyer for the purchase and sale of KRW 99,00,000, Daegu-gu, Daegu-gu, 105,000, and by receiving KRW 1,500,000 as a brokerage commission from D.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting a criminal investigation against a suspect of an authorized brokerage violation of private law;

1. Application of the statutes on real estate sale contract;

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;