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(영문) 광주지방법원 2017.10.20 2017고단2853
공인중개사법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a certified broker who operates the “E-authorized brokerage office” in Gwangju Northern-gu D and 101.

No certified brokerage agent for commencement of business shall receive any remuneration for brokerage of objects other than housing under any pretext, such as cases, donations, etc., in excess of the office remuneration rate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

On March 20, 2015, the Defendant: (a) arranged a contract for the sale of one bonds of the seller G Co., Ltd. (hereinafter “G”); (b) and (c) the purchaser H to sell an officetel at KRW 931,6.5 million; (c) received money from the seller in excess of KRW 2,500,000,000,000, which is the upper limit of legal fees, under the pretext of brokerage fees.

In addition, from March 20, 2015 to January 9, 2016, the Defendant received money and valuables in excess of KRW 83,200,000,000 from G to KRW 76,09,00,000, in total, under the name of brokerage commission for the instant officetels, as shown in the list of crimes in the attached Table from G, and received money and valuables, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect by the prosecution against I and J;

1. A protocol concerning the examination of suspect of the police to K;

1. Each police statement on L, M, N,O, or P;

1. Attachment: Register of real estate brokerage offices;

1. Determination as to the defendant and defense counsel's assertion on the investigation report (related to fees received by the suspect A from G), payment details of fees, investigation report (the flow of sales proceeds paid by the complainants), investigation report (examination of the upper limit of statutory brokerage fees), investigation report (Attachment of the transaction details of the suspect NongHyup Bank), transaction details, investigation report (preparation of the statement of crime committed) and investigation report (preparation of the list of crimes)

1. As to whether it is a brokerage commission under the Certified Broker Act

A. The defendant and his defense counsel are related to each sales contract of Nos. 1 to 21 and 27 in the annexed crime sight table.

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