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(영문) 대전지방법원 천안지원 2016.09.08 2016고정365
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a licensed real estate agent who operates the D Licensed Real Estate Agent Office in Seo-gu, Seo-gu, Seoan-gu.

A broker shall not receive money and valuables in excess of the fees or actual expenses provided for in Article 32 (3) of the Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014; hereinafter the same shall apply) under any pretext of cases, donation and others.

Nevertheless, around May 11, 2012, the Defendant: (a) arranged a sales contract for a single house of KRW 170 million in Seo-gu, Seo-gu, Seo-gu, Seomun-gu, G, H, I, and J between the seller and the buyer F; and (b) received KRW 1.2 million from the above F for the purpose of repair expenses in addition to brokerage fees of KRW 800,000,000 from the seller and the buyer F.

Accordingly, the Defendant received money in excess of fees or actual expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Consultation on civil petitions through the electronic civil petition counter, and application of each Act or subordinate statute entered in a sales contract for detached houses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (1) 10 and 33 subparagraph 3 of the Act on Business Affairs of and Report on Real Estate Transactions by the former Licensed Real Estate Agents who have selected a punishment;

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

1. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the degree exceeding the statutory brokerage commission for the sentencing of Article 334(1) of the Criminal Procedure Act, the defendant did not return the brokerage commission that the defendant received in excess of the statutory brokerage commission, and on the other hand, the defendant's primary crime is recognized and reflects the criminal act, and the defendant's age, character

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