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(영문) 청주지방법원 2012.09.20 2012고정360
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has worked as an assistant at the office of a licensed real estate agent.

A broker, etc. shall not receive money and other valuables under any pretext exceeding the fees or actual expenses prescribed by municipal ordinance of a Special Metropolitan City, Metropolitan City or Do within the extent prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs

Nevertheless, around December 15, 2010, the Defendant, at a certified judicial scrivener office where it is difficult to know the trade names in the Heakdongdong-gu, Chungcheongnam-gu, Chungcheongnam-si, the written indictment is written in D as D, but according to evidentiary evidence, it is recognized as “G” according to the evidence, and there is no concern that the Defendant might have any substantial disadvantage in exercising the Defendant’s right of defense. Thus, the Defendant, without changing the indictment

When mediating a contract for the purchase of three parcels outside E in the Cheongju-si, it was paid KRW 5 million by C as a brokerage commission.

As a result, the Defendant received money exceeding KRW 3,735,00,000, the upper limit of statutory fees.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Statement concerning C in the police statement;

1. Statement of investigation report (F currency);

1. Application of Acts and subordinate statutes entered in a real estate sales contract;

1. Article 49 (1) 10 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting an offense, and subparagraphs 3 of Article 33 of the same Act;

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

1. The defendant and defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant received five million won or more from C, but the amount exceeding brokerage commission was compensated for entertainment expenses and other expenses incurred in the process of purchasing the real estate of this case. Thus, the defendant and defense counsel asserted that the defendant did not receive money exceeding legal fees or actual expenses

Brokerage shall be conducted on the objects of brokerage, such as land.

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