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(영문) 대구지방법원 김천지원 2017.01.10 2016고정409
공인중개사법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A certified broker, etc. for the opening of a business shall determine the brokerage remuneration in consultation with the client and the certified broker for the objects other than a house within the scope of 9/100 of the transaction amount, and shall not receive money in excess of the payment limit as above under any pretext, such as case donation.

Nevertheless, on July 17, 2015, the Defendant: (a) served as a brokerage assistant at the Defendant’s wife D’s office in Kimcheon-si as the Defendant’s wife; (b) arranged a sales contract between G and the buyer’s H on July 17, 2015 to enter into a sales contract between the seller’s G and the buyer’s H; and (c) had them enter into a sales contract for KRW 330,00,000; and (d) transferred KRW 5,000,000, in excess of the above sales price to the account in the name of the Defendant on the 21st of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and G respective legal statements;

1. Police investigation report (I telephone investigation);

1. The defendant and his defense counsel's assertion of the object of brokerage is acknowledged as having received KRW 5 million from H under the pretext of brokerage fees. However, this is alleged as having received the total amount of brokerage fees from H in lieu of the seller's brokerage fees, and the buyer's side did not receive the payment exceeding the prescribed payment limit. However, there is no evidence to prove that the buyer agreed to pay the seller's brokerage fees in lieu of the seller's brokerage fees. According to each evidence of the judgment, the defendant can be acknowledged as having received money exceeding the payment limit under the law as a broker fees. Thus, the defendant and his defense counsel's above assertion cannot be accepted.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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