Text
Defendants shall be punished by a fine of three million won.
In the event that the Defendants did not pay the above fines, only 100,000.
Reasons
Punishment of the crime
Defendant
A is the brokerage assistant of the "D Licensed Real Estate Agent Office" located in Yongcheon-si, Youngcheon-si, and Defendant B is the licensed real estate agent who has registered the establishment of the "D Licensed Real Estate Agent Office" as the operator of
1. Defendant A
(a) No practicing licensed real estate agent, etc. shall receive money and valuables in excess of the prescribed remuneration or actual expenses under any pretext such as case, donation or others;
Nevertheless, on July 13, 2015, Defendant A, in collusion with Defendant A, sold the real estate of KRW 40,000,000,000 to the buyerJ at the G Certified Judicial scrivener Office located in Yongcheon-si, Youngcheon-si, 1,085 square meters, in collusion with the seller, Defendant A was transferred KRW 7,40,00,000,000 from the seller to the seller’s national bank account in order to sell the real estate of KRW 360,000,000,000,000,000,000,000 won.
(b) A person who intends to run the brokerage business shall register the establishment of a brokerage office as prescribed by Acts and subordinate statutes, and shall not run the brokerage business without the registration of establishment of the brokerage office;
Defendant
A around July 13, 2015 without registering the establishment of a brokerage office, at the G Certified Judicial Scriveners Office located in Yongcheon-si F, Yongcheon-si, a seller, who sells real estate of 10,085m2 to 40,000,000 won to the buyer J, the seller engaged in the brokerage business.
2. Defendant B committed the above acts of violating the Licensed Real Estate Agent Act at the date and time, each of the above subparagraphs 1-A, and at the place, Defendant B, an employee of Defendant B, and Defendant B, respectively.
Summary of Evidence
1. Defendant A’s partial statement in the first trial record asserted that only the act of assistance to brokerage was conducted. However, according to the evidence duly adopted and examined by this court, Defendant A is deemed as a registered assistant at the D Licensed Real Estate Agent’s Office from April 2015 to April 2017, and an amount equivalent to 25% of the fees for the articles he/she brokered.