Text
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 700,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
B From November 2008, a person who operates a real estate brokerage office in Yongsan-gu Seoul Metropolitan Government D with the trade name "E", and Defendant F is a person who works as a brokerage assistant in the above brokerage office.
1. Defendant A
A. On September 21, 2009, the Defendant, around September 21, 2009, arranged a lease contract with the trade amount of KRW 365,00,000 with respect to the commercial building 102 in Yongsan-gu Seoul, Yongsan-gu, Seoul as H owned by G, and received money exceeding KRW 6,000,000 from G by receiving KRW 6,000,000 in excess of the percentage prescribed by the law under the pretext of brokerage commission and received money exceeding KRW 3,285,00.
B. No one may render brokerage services using another person’s name or trade name, or take over or borrow the registration certificate of a brokerage office and use it, the Defendant, at the time and time and place under the preceding paragraph, acted as a broker for a real estate lease agreement as described in the preceding paragraph.
2. Defendant B’s authorized broker is prohibited from allowing another person to render brokerage services using his name or trade name, or transferring or lending his licensed real estate agent’s qualification certificate to another person, but the Defendant is entitled to 1. A.
at the same time and place as the paragraph 1.A.
As described in the paragraph, the real estate lease contract was arranged.
Summary of Evidence
1. Legal statement of the witness J;
1. The Defendants’ partial statements in the second trial records;
1. Statements made by witnesses G in the fourth trial records;
1. Some of the prosecutor's offices and police interrogation protocol concerning B;
1. A written accusation;
1. Commercial lease contract and certificate of deposit transaction;
1. Application of Acts and subordinate statutes to investigation reports (calculated fee rates);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendants: Articles 49(1)7 and 19(2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; selection of fines
B. Defendant A: Business affairs of licensed real estate agents and real estate.