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(영문) 인천지방법원 부천지원 2016.09.01 2016고단1502
공인중개사법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, around December 24, 2015, at the office of the C Licensed Real Estate Agent in Bupyeong-gu, Seocheon-gu, Seoul, which was operated by the Defendant on December 24, 2015, received money and valuables in excess of the maximum statutory commission (3.80,000 won) by mediating a contract between the seller D and the buyer E for the purchase and sale of a site of 261 square meters in size in 39,000,000 won in price and receiving 70,000,000 won in

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The written accusation (the defendant's assertion that he received the brokerage commission from the buyer, including the brokerage commission to be received from the seller, and did not exceed the statutory commission. However, according to each of the above evidence, under the real estate sales contract of this case, the broker fee is to be paid respectively by the seller and the buyer, and the buyer stated that there is no means to say that the seller will pay the brokerage commission from the defendant or the seller, and the buyer would not pay the broker fee to the seller, and in full view of the defendant's statement at the police, it is reasonable to view that there was no agreement between the defendant or the seller and the buyer on the burden of the seller's share of the brokerage commission, and therefore, the above argument

1. Article 49 (1) 10 of the Licensed Real Estate Agents Act and subparagraph 3 of Article 33 of the Licensed Real Estate Agents Act, the choice of punishment concerning facts constituting an offense, and the selection of fines;

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;

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