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(영문) 광주지방법원 2018.01.26 2017고단552
공인중개사법위반
Text

Defendant

A The defendant shall be punished by a fine not exceeding 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Relation] Defendant B, Defendant A, and Defendant F are certified intermediaries, Defendant C, and Defendant D who operate “O real estate brokerage office” in Seo-gu, Seo-gu, Gwangju, in accordance with Article 406 of the Act.

Defendant

E received a request from the operator R of Q Q Co., Ltd., the contractor of the Seo-gu Ptel in Gwangju, for the brokerage of about 50 households, and the above defendant C proposed that the brokerage commission should be distributed to the above defendant C in the "O real estate brokerage office."

1. The remuneration for the brokerage of an object of brokerage other than a house shall not be paid in excess of the office remuneration rate determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, under the pretext of the case, donation, etc. of Defendant B certified brokerage of business opening, and under any pretext;

Nevertheless, on March 13, 2015, the Defendant: (a) arranged a contract for the sale of one bonds for the sale of an officetel in Seo-gu Ptel at KRW 514,7125,00,000; and (b) received KRW 3262,50,00 from the seller in the name of the Defendant in the name of the Gwangju Bank account (U); and (c) received KRW 978,750 from the seller in the name of the Defendant to the Defendant’s share; and (d) received money exceeding KRW 235,625,05, which is the upper limit of statutory fees.

In addition, from March 13, 2015 to June 5, 2015, the Defendant received money and valuables in excess of KRW 6,4865,00,00, in total, from 68 times as commission fees, as shown in the first list of crimes, and received money and valuables in excess of KRW 4,80,070,025, respectively.

2. The remuneration for the brokerage of an object of brokerage other than a house shall not be paid in excess of the office remuneration rate determined by Ordinance of the Ministry of Land, Infrastructure and Transport, under the pretext of a precedent, donation, and any other pretext.

Nevertheless, on March 13, 2015, the Defendant issued the sales right of officetels 514-4,7125,000 won in Seo-gu, Gwangju, Seo-gu, Gwangju, as the seller, S Co., Ltd. and the buyer.

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