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(영문) 대구지방법원 2019.02.19 2018고정1382
공인중개사법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From August 2016, the Defendant is a licensed real estate agent who has been operating the “C” licensed real estate agent office in Gyeongsan-si B from around 2016 to around.

No practicing licensed real estate agent shall receive money and valuables from the client in excess of the remuneration or actual expenses for the brokerage prescribed by the Licensed Real Estate Agents Act under any pretext such as case, donation and others.

Nevertheless, around September 28, 2016, the Defendant brokered D land at the immediately preceding office in Busan Metropolitan City, and received 5,000,000 won (4,460,000 won or more) exceeding 5,40,000 won, which is the upper limit of statutory brokerage remuneration, under the pretext of intermediary remuneration from the seller E.

Accordingly, the Defendant received money and valuables from the clients in excess of the remuneration for the brokerage prescribed in the Licensed Real Estate Agent Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on a violation of the F;

1. A vindication of each report on transactions of real estate;

1. A real estate sales contract or a report completion certificate under a real estate transaction contract;

1. Investigation reports (reports to confirm the table of rates for real estate brokerage remuneration), investigation reports (verification of the grounds for the brokerage remuneration outside of house), and the application of statutes;

1. Article 49 (1) 10 of the Licensed Real Estate Agents Act and subparagraph 3 of Article 33 of the Licensed Real Estate Agents Act, the choice of punishment concerning facts constituting an offense, and 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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