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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant was a person who operated the office of “C Licensed Real Estate Agent” on the first floor of Yongsan-gu Seoul Metropolitan Government, and is currently operating “D” at the same place.
No practicing licensed real estate agent, etc. shall receive money or goods in excess of the remuneration or actual expenses under the Act under any pretext, such as reward, donation, etc.
Nevertheless, the Defendant, a practicing licensed real estate agent at the above licensed real estate agent office around August 31, 2016, received KRW 55 million from the above E in excess of the statutory brokerage commission (including surtax 2,1780,000,000) under the pretext of brokerage commission, when the seller E mediates the buyer F with the sales contract for KRW 2.2 billion.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of materials in violation of the Licensed Real Estate Agents Act, confirmation and explanatory note of the object of brokerage, and application of Acts and subordinate statutes to cash receipt investigation report;
1. Article 49(1)10 and Article 33 subparag. 3 of the former Licensed Real Estate Agents Act (Amended by Act No. 14334, Dec. 2, 2016); the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;