A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is a licensed real estate agent who operates a real estate brokerage office located in Yongsan-gu Seoul Metropolitan Government.

Personal licensed real estate agents, etc. shall not receive any money and valuables in excess of the remuneration or actual expenses under the relevant Acts and subordinate statutes, such as the Licensed Real Estate Agents Act.

On June 1, 2018, the Defendant traded Yongsan-gu Seoul Metropolitan Government E and F housing owned by D to G and H with an intention to sell KRW 280 million to G and H. In such cases, the Defendant received KRW 10 million under the name of seller D, notwithstanding that the limit of brokerage fees under relevant statutes, such as the Licensed Real Estate Agents Act, was KRW 1.1.2 million.

Accordingly, the defendant received money exceeding the remuneration under the related laws such as the Licensed Real Estate Agent Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Partial statement of the police interrogation protocol of the accused;

1. Business registration certificate;

1. Application of statutes governing a real estate sales contract or recording;

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

1. Determination as to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse

1. The Defendant’s assertion that money was received from D does not receive money exceeding the statutory remuneration in excess of the amount of one million won of brokerage commission and 2.5 million won of consulting cost, and the amount exceeding the statutory remuneration.

2. Article 33 subparag. 3 of the Licensed Real Estate Agents Act prohibits personal licensed real estate agents, etc. from receiving money and valuables in excess of the remuneration or actual expenses under Article 32 of the same Act under any pretext, such as case, donation, etc.

According to the results of the examination of evidence, following the conclusion of the judgment, the defendant gave KRW 10 million to the defendant under the pretext of D case immediately after the brokerage of the sale and purchase, and the defendant received it and gave KRW 5 million to the purchaser's broker, and thereafter the defendant added KRW 5 million to the total amount of KRW 5 million around June 29, 2018 and KRW 5 million around October 4, 2018.