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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. It shall not use the name of licensed real estate agent or any other similar name without a licensed real estate agent for any use of similar name of licensed real estate agent;
Nevertheless, on August 2, 2014, the Defendant, even if not a licensed real estate agent, presented the name “F real estate/G real estate representative A” in the office of the C judicial scrivener located in Busan Metropolitan City B, and used the name similar to that of the licensed real estate agent by presenting the name of “F real estate/G real estate representative A” in mediating the sales contract between the seller D and E.
2. A brokerage assistant, etc. that receives more statutory remuneration shall not receive more than the remuneration or actual expenses determined within 9/1,000 of the transaction amount in cases of a trade under any other pretext, such as cases;
Nevertheless, the Defendant, as a broker assistant of H, received money exceeding the amount of remuneration or actual expenses stipulated in the laws and regulations by receiving KRW 3 million from the seller D in return for the said trading contract (transaction value of KRW 160 million) at the time and place under the above Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A real estate sales contract, a certificate of transfer, a statement of transactions, and a copy of a name tag;
1. Application of Acts and subordinate statutes to a criminal investigation report (in hearing and recording of a complainantD);
1. Relevant legal provisions of facts constituting an offense, Articles 49 (1) 2, 8, 49 (1) 10, and 33 subparagraph 3 of the Licensed Real Estate Agents Act that choose the penalty, the choice of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;