Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The Defendant is a person who runs real estate brokerage business under the trade name “D Licensed Real Estate Agents” in Sejong Special Self-Governing City C.

Fees for the brokerage (excluding officetels under Article 20 (4) 1 of the Enforcement Rule of the Licensed Real Estate Agents Act) other than housing shall not be paid or received in excess of 9/1,00 of the transaction amount.

Nevertheless, on August 7, 2014, the Defendant, at the above D Licensed Real Estate Agent Office, arranged the conclusion of a sales contract for G 828 square meters of land in Sejong Special Self-Governing City in the purchase price of KRW 287,500,000 between the seller E and buyer F, and received money in excess of the upper limit of legal fees, from the buyer F to transfer KRW 5,000,000 as real estate intermediary fees.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on real estate sales contracts;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Determination of sentence: The fact that the Defendant received money in excess of the upper limit of the statutory brokerage commission for the instant crime is not good, that is, the amount that the Defendant received in excess of the upper limit of the statutory brokerage commission is a considerable amount of money up to 2.5 million won, and that the Defendant appears to demand the F to pay the commission exceeding the statutory limit in advance, is considered to be disadvantageous to the Defendant.

However, the defendant led to the confession of the crime of this case and reflects his mistake, and the defendant intended to remit over 2.5 million won received from F to return it, but the F does not accept it and transfers it again to the defendant, and there is no record of punishment for the same crime.