Text
Defendants shall be punished by a fine of 2.5 million won.
In the event that the Defendants did not pay the above fines, only 100,000.
Reasons
Punishment of the crime
Defendant
A is a licensed real estate agent of F real estate located in the first floor of building E in Jung-gu Seoul, Seoul, and Defendant B is a brokerage assistant of F real estate.
Defendant
B performs the duties of brokerage assistant, such as collecting information necessary for the brokerage of lease, and inducing customers, such as identifying stores of G commercial stores, neighboring real estate, and the current status of merchants wishing to buy stores, etc., and Defendant A played the role of preparing a lease contract based on the information identified by Defendant B as a broker.
In mediating a commercial lease contract, the broker, etc. received a brokerage commission for the object of brokerage from both the clients, and the limit to which one party can receive is within 9/1,000 of the transaction amount of the object of brokerage. However, the Defendants conspired with the above F real estate office on August 15, 201, to allow I to rent the store owned by H of the 1st floor C-12 of the Seoul Jung-gu Seoul, Seoul, for KRW 20 million and KRW 2.5 million in monthly rent, and the lessee would receive more than 2.43 million in statutory brokerage commission from the I to September 9, 2012.
Summary of Evidence
1. Defendants’ respective legal statements (as of the sixth and seventh trial dates);
1. Protocol concerning the suspect examination of the defendant A by the prosecution;
1. Statement of the police statement to I;
1. Written answers from J;
1. Investigation report (Lessee's K interview details);
1. Application of Acts and subordinate statutes to brokerage office registration certificates or qualification certificate certificates;
1. Relevant legal provisions and the Defendants’ selection of punishment concerning the facts constituting the crime: Each licensed real estate agent’s business affairs and reporting of real estate transactions Act; Articles 49 (1) 10, 33 subparag. 3 and 32 (3) of the Act; and Article 30 of the Criminal Act
1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Code.