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(영문) 창원지방법원 2015.11.04 2015고정721
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who runs the real estate brokerage business under the trade name of "G" from the window of Changwon-si, and is a person who closes his/her business after the closure of his/her business in the past real estate brokerage business of Defendant B.

1. The defendant A shall not receive money and valuables in excess of the legal fees or actual expenses under the pretext of case, donation and others;

Nevertheless, around August 2013, the Defendant arranged a contract between the seller and the buyer of the same J and four parcels of land in KRW 1,878,800,000 between the seller and the buyer, and received money in excess of the upper limit of the statutory commission (16,909,200 won) by receiving cash of KRW 100,000 from the above H as a intermediary commission.

2. A person who intends to run defendant B brokerage business shall register the establishment of his/her brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, the Defendant did not register the establishment of a brokerage office around August 2013, and had the above H and the above I mediated a contract between the above H and the above I and received the prescribed fees.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each police interrogation protocol of K, L, or M;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a investigation report (one suspect A and B suspect-related cases attached to records);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49(1)10 and 33 subparag. 3 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014);

B. Defendant B: Article 48 subparag. 1 and Article 9 of the Licensed Real Estate Agents Act (Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act).

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