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(영문) 의정부지방법원 2020.09.24 2020고정1235
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a practicing licensed real estate agent who runs an authorized brokerage office under the trade name “C” in Scheon-si B.

Where a practicing licensed real estate agent brokers real estate transactions other than housing or officetels, he/she may receive remuneration for brokerage respectively from both clients, but he/she shall not receive remuneration or actual expenses exceeding 9/1000 of the transaction amount under the Licensed Real Estate Agents Act on any pretext, such as case, donation and others.

Nevertheless, around February 2019, the Defendant, while mediating a transaction to sell E land owned by the seller D to the buyer F in the transaction amount of KRW 50 million, received KRW 50 million from the seller D as a brokerage commission, which exceeds KRW 450,000,000,000, which is a statutory intermediary fee.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A real estate sales contract;

1. Details of transactions in the passbook, details of transactions in the automation machine (1.3 million won in uniform), details of transactions in the automation machine (3 million won in uniform), and details of transactions in the person concerned;

1. Licensed real estate agent qualification certificate or registration certificate of brokerage office;

1. Investigation reports (Attachment to the real estate brokerage fee table of the Korean Licensed Real Estate Agents Association), application of Acts and subordinate statutes governing the rate table of real estate brokerage remuneration;

1. Article 49(1)10 of the Licensed Real Estate Agents Act (Amended by Act No. 16489, Aug. 20, 2019) and Article 33 subparag. 3 of the former Licensed Real Estate Agents Act (Amended by Act No. 16489, Aug. 20, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act recognize all the facts charged in the instant case, and reflects his mistake in depth. The Defendant appears to have obtained qualification as a licensed real estate agent after having divorced around 201, and operated a certified real estate agent office and supported his/her children. The Defendant does not have any other criminal records except for those sentenced to a fine of two times on or around 202 and on around 2003 due to drinking driving.

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