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(영문) 수원지방법원 2013.06.14 2013고합188
공인중개사의업무및부동산거래신고에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a licensed real estate agent with the trade name “D” in Mapo-si, Mapo-si.

A broker, etc. shall not receive money in excess of the fees or actual expenses under the provisions of Acts and subordinate statutes under any pretext, such as reward, donation, etc.

Around November 2008, the Defendant received a request from E (F) for sale of H 1,346 square meters of forest land and H 1,590 square meters of forest land and H 1,346 square meters prior to I. Around March 25, 2009, the Defendant arranged a contract to sell the said real estate at D’s office to J, the purchaser of the said real estate at KRW 350 million, and received money exceeding KRW 100 million from the seller’s side as a intermediary fee, and received money exceeding KRW 3,150,000,000 of the statutory fee.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including each statement of G and E);

1. Statement to J police officers;

1. E statements;

1. Application of Acts and subordinate statutes to a copy of each real estate sales contract, a copy of the details of deposits made in a passbook, a copy of a copy of a copy of resident registration, a copy of proxy certificate, a copy of a

1. Article 49 (1) 10 of the Act on the Business Affairs of Licensed Real Estate Agents of the Selection of Punishment and Report of Real Estate Transactions concerning Facts constituting an offense, and subparagraphs 3 of Article 33 of the Act on the Report of Real Estate Transactions;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was paid KRW 100 million, which is 28.6% of the purchase price, by taking advantage of the fact that the clients were aged 78 years old, as intermediary fees, even though the land whose sale was requested to be sold was concluded. This is the larger amount exceeding KRW 3150,000,000,000,000, which is the case.

However, the defendant recognized his mistake and reflects it in depth, the primary offender who has no criminal history, and some of the excessive portion of the brokerage commission shall be paid and agreed with the client.

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