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(영문) 창원지방법원 진주지원 2019.02.13 2018고정160
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is a licensed real estate agent who operates D office in Gyeonggi-si, Gyeonggi-do, and Defendant A is a licensed real estate agent who operates F office in Hanam-dong, Chungcheongnam-do, and the Defendants mediated the sale and purchase of G and buyer with respect to H land (1,469 square meters) owned by G around January 2015.

No practicing licensed real estate agent shall receive any remuneration or money and valuables exceeding 9/1000 of the transaction amount under any pretext, such as reward, donation, etc.

Nevertheless, around February 9, 2015, the Defendants conspired to receive money in excess of KRW 279,000,00 as legal remuneration, respectively, under the pretext of the case cost for the sale and purchase brokerage of the instant real estate (transaction amounting to KRW 31 million) from G, respectively, and received money in excess of KRW 279,000,00 as legal remuneration.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness G;

1. The witness B’s legal statement (as to the defendant A)

1. A copy of bankbook;

1. Application of the Act and subordinate statutes to a real estate sales contract [the defendant A denies a crime, but the facts charged are sufficiently recognized according to the above evidence, and the witness J's statement is difficult to believe.]

1. Relevant Articles 49 (1) 10 and 33 subparagraph 3 of the Licensed Real Estate Agents Act, and Article 30 of the Criminal Act, each of the choice of applicable laws and punishment for facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 186 of the Criminal Procedure Act.

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