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(영문) 서울중앙지방법원 2017.06.01 2017고단2189
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a certified intermediary operating “C” located in Jung-gu Seoul Metropolitan Government B building.

No certified broker for commencement of business shall receive money or goods in excess of the actual expenses or remuneration prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Do within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the brokerage of the objects of brokerage, such as real estate, etc.

Nevertheless, on February 23, 2016, the Defendant received money and valuables exceeding KRW 20,50,000,000,000 in total, by receiving money and valuables of KRW 20,50,000,000,000,000 in total, from the Saemaul Savings Depository (Account Number G) in the name of the Defendant in the name of the Defendant, while arranging a contract for the sale and purchase of the telecom (No. 1,249.96 square meters, site No. 624.3 square meters) in Seo-gu, Seo-gu, Daejeon, Daejeon between the seller D and the buyer on February 23, 2016, by receiving money and valuables of KRW 20,000,000,000 in total, including, but not limited to, the maximum amount of statutory brokerage fees equivalent to 0.9% of the above sales contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol for the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Relevant Article of the Act and subparagraph 10 of Article 49 (1) and subparagraph 3 of Article 33 (Selection of Penalty Surcharge) of the Act on the Private Participation in Judicial Mediation for the Crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case was charged with KRW 13.5 million in excess of the upper limit of the brokerage commission prescribed by the Act, and the liability for the crime is not minor.

However, in light of the fact that the defendant is led to confession and reflect, that E does not want the punishment of the defendant, and that there is no criminal record for the same kind of crime, it is too harsh that the registration of the establishment of an authorized brokerage office is revoked.

The age of the defendant.

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