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(영문) 인천지방법원 2017.06.15 2017고단2958
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

The defendant is a person who works as a broker in the D Real Estate “D” located in P at the time of strike as a broker.

1. A person who intends to run brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Transport

Nevertheless, on September 21, 2012, the Defendant: (a) brokered the seller to enter into a sales contract for E river 994 square meters and above ground board housing; (b) received commission 2,50,000 won on September 26, 2012 from the seller; (c) brokered the seller to enter into a sales contract for housing of 865 square meters and above ground; and (d) store 2 units with the seller G and the buyer on April 29, 2013; (c) brokered the seller to enter into a sales contract for housing of 994 square meters and above ground board on June 3, 2014; and (d) brokered the seller to enter into a sales contract for housing of 15,000,000 won and KRW 15,000,000 on June 20, 2014; and (e) brokered the seller to G, and sell housing of 994 square meters and KRW 10,5014.0

2. A broker, etc. shall not receive money and valuables in excess of the fees or actual expenses prescribed by a statute under any pretext, such as precedent, donation, etc.

Nevertheless, on September 21, 2012, the Defendant arranged the seller to enter into a sales contract with the seller F and the purchaser G with respect to the E river area of 994 square meters and a panel of ground board housing in the Seoul Special Metropolitan City on September 21, 2012, and received money exceeding KRW 405,000,000, which is the upper limit of legal fees, on September 26, 2012. On April 29, 2013, the Defendant entered into a sales contract with the seller G and the buyer for one warehouse, two warehouse, and one unit of housing in the Gyeonggi-gun-gun Special Metropolitan City of Gyeonggi-gun, and one unit of housing in the land with the purchase price of KRW 15,00,000 and received money exceeding KRW 1,710,000,000 as legal fees, and entered into a sales contract with the seller on June 29, 2014 and the seller on the land.

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