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(영문) 광주지방법원 목포지원 2019.06.14 2019고정75
공인중개사법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Personal licensed real estate agents, etc. shall not receive money and valuables in excess of the remuneration or actual expenses under Article 32 under any pretext, such as case, donation and others.

Nevertheless, on July 23, 2018, the Defendant received eight million won (one million won,467,000 won (legal brokerage commission) for brokerage fees from (1,467,00 won)B in the event that (163,00,000 won) B sells real estate from the seller at the office of the said licensed real estate agent in order to mediate the buyer's transaction of D's real estate from the buyer in the 163,00,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, copy of passbook in the name of E, report certificate of real estate transaction contract, statement of reported real estate transaction, real estate transaction contract, deposit transaction and inquiry, details of cash receipt purchase;

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 that choose the applicable law concerning facts constituting an offense;

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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