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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a brokerage assistant who works for the “C Licensed Real Estate Agent” under B at Papo City.
A broker, etc. shall not receive money and valuables in excess of the limit of the prescribed fees or actual expenses (0.9% of the purchase price in cases of objects other than a house) under any pretext, such as case donation and others.
Nevertheless, on September 12, 2012, the Defendant agreed to sell the sales price at KRW 257,00,000 to the seller and the actual buyer at KRW 306,000,00 and to receive an amount calculated by deducting the additional portion of capital gains tax from the difference among the difference between the seller and the seller.
Under the foregoing agreement, the Defendant received KRW 35,800,000 from a seller on October 4, 2012, and separately received KRW 1,000,000 as a brokerage fee, and the Defendant received KRW 2,754,000 (=306,000,000 x 9/1,000) in excess of the limit on commission or actual cost (=36,80,000).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E and I;
1. Application of a copy of a real estate sales contract, a copy of a bankbook of national bank under the name of E, details of payment of cashier's checks, and statutes governing
1. Article 49 (1) 10 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning facts constituting an offense, and Article 33 (Selection of Fines) 3 of the same Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;