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(영문) 창원지방법원 2016.03.30 2015노2648
공인중개사의업무및부동산거래신고에관한법률위반
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. Defendant A shall be punished by a fine of KRW 6,00,000.

3...

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by Defendant A (10,000,000 won) by the lower court is too unreasonable.

B. Defendant B’s punishment (le to KRW 3,00,000) sentenced by the lower court is too unreasonable.

2. Determination

A. The crime of this case as to Defendant A’s wrongful assertion of sentencing is an unfavorable circumstance where the above Defendant, who runs the real estate brokerage business, arranged a land sales contract between H and I, and received money exceeding the upper limit of the statutory commission by receiving KRW 100,000,000 from the seller H as the intermediary fee. As such, the fact that the above Defendant was paid in excess of the upper limit of the statutory commission, etc. is unreasonable.

However, the above defendant's recognition of the crime of this case is against the defendant, and there is no record of crime exceeding the fine, and the amount of 100,000,000 won paid by H to other persons who participated in the mediation is paid to the above defendant, and the profit actually acquired by the above defendant in excess of the upper limit of the statutory fee is not much high, and the above defendant's spouse is currently serving in the workplace cancer.

In full view of the above circumstances and the above Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the punishment imposed by the lower court is somewhat unreasonable.

Therefore, Defendant A’s argument of sentencing is justified.

B. The crime of this case against Defendant B’s assertion of unfair sentencing is that the above Defendant carried on the brokerage business without registering the establishment of a brokerage office.

Although the economic condition of the above defendant is not good, the work of the authorized broker is to foster the sound real estate brokerage business through the enhancement of expertise in the affairs of the authorized broker and the protection of the trading party.

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