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(영문) 서울서부지방법원 2016.02.04 2015고정1114
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a certified broker of D, and E is a certified broker of F, and is a certified broker of F. It shall not receive money in excess of 9/1,000 of the transaction amount under any pretext, such as donation.

Nevertheless, around November 2, 2011, the Defendant, in collusion with E, arranged to enter into a contract with H to sell the land and both of the land of Yongsan-gu Seoul Metropolitan Government J and K to 1,680,000,000 won at the “D Official Brokerage Office” operated by Defendant A of 105 of the 1st floor of Yongsan-gu Seoul Metropolitan Building, Yongsan-gu Seoul Metropolitan Government, and received KRW 100,000,000 from H in excess of the statutory brokerage commission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E (part);

1. Statement made by the prosecution against E;

1. Written complaint (including attached documents);

1. A real estate sale contract;

1. Application of Acts and subordinate statutes to investigation reports (a summary and a statement attached);

1. Article 49(1)10, Article 33 subparag. 3, and Article 32 subparag. 3 of the former Act on the Report of Real Estate Transactions (amended by Act No. 11866, Jun. 4, 2013; hereinafter “former Authorized Brokerage Act”), the main text of Articles 33 and 30 of the Criminal Act, Articles 33 of the Criminal Act, and the selection of fines.

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion ① The Defendant does not agree with E, since there is no contact between E in mediating the instant real estate, and there is no contact between E and E in all of the F’s L head of E’s representative.

② Since the Defendant did not receive a request from H for brokerage of selling real estate and received money and valuables from H, the Defendant does not receive an excess brokerage commission from the client.

③ From June 2010, F had a consulting service to sell the instant real estate from around June 201, and the Defendant introduced the buyer from F to offer 40 million won per week.

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