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(영문) 제주지방법원 2015.08.21 2015고정452
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a real estate broker who operates “D” in Jeju City as a licensed real estate agent.

A broker shall not receive more than the statutory commission prescribed by the provisions of any pretext while acting as a broker.

Nevertheless, on January 20, 2014, the Defendant, at the office of “D” around January 20, 2014 between the seller and the buyer F, arranged a contract to sell KRW 1,276 square meters of G site and KRW 561.39 square meters of the above ground building in Jeju-si, and received money exceeding the maximum of KRW 0.4% of the statutory commission (2.1 million) by receiving KRW 5 million as a intermediary fee from the buyer F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (investigative case, such as brokerage commission, etc., inquiry and reply), investigation report (Submission of Materials A by a suspect), and report accompanied by a certified copy of

1. Facts constituting an offense under Article 49(1)10 and Article 33 subparag. 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014); the selection of fines

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;

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