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(영문) 수원지방법원 평택지원 2016.04.07 2015고정751
공인중개사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a certified broker operating "D" in Ansan-si from September 19, 2008 to A, and Defendant B, who is one of its children, was a broker from October 20, 2009 to June 5, 2015.

A certified broker, etc. for opening business shall receive brokerage fees other than housing from both clients, respectively, and shall not exceed 9/1,000 of the transaction amount, and shall not receive money and valuables in excess of the remuneration or actual cost under any pretext, such as case, donation, etc.

Nevertheless, the Defendants, around April 30, 2015, prepared a real estate transaction agreement on the condition that “D” in the foregoing “D”) would sell F and two parcels outside of 1.7 million won in transaction amount to G, and received money exceeding the maximum amount of statutory commission (1.5 million won) by receiving 13 million won in cash from the above E around May 19, 2015.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 (1) 10, Article 33 subparagraph 3 of the same Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Determination on the application of the sentencing criteria under Article 334 (1) of the Criminal Procedure Act for the Provisional Payment Order: It shall not be applicable;

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