Defendant shall be punished by a fine of five million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Criminal facts

The Defendant is a person operating the C Licensed Real Estate Agent Office in Daejeon-gu B.

No practicing licensed real estate agent shall receive money and valuables from the client in excess of the remuneration or actual expenses prescribed by relevant Acts and subordinate statutes under any pretext, such as reward, donation, etc.

Nevertheless, the Defendant, at the above licensed real estate agent office on March 26, 2019, arranged the sales contract for the F apartment G between the seller D and the purchaser E, and received one million won brokerage commission from E, exceeding KRW 857,575,000,000,000, which is the upper limit of statutory fees.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning details of transactions of sales contracts of the association member's relocation right in the witness E's legal statement;

1. Article 49(1)10 and Article 33 subparag. 3 of the former Licensed Real Estate Agents Act (wholly amended by Act No. 16489, Aug. 20, 2019); the choice of fines for criminal facts;

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an act that undermines the public confidence in real estate transaction and disturbs the market order, and thus requires strict legal liability. In particular, the defendant, while mediating a sales contract in its holding, demands the seller and the purchaser to pay money above the statutory commission under the name of intermediary commission, etc. In addition, the crime of this case and criminal circumstances are not very good. The defendant, at the time of the police investigation, disregards the investigative agency by tearing the suspect interrogation protocol at the time of the police investigation, etc., and the defendant demands strict punishment against the defendant while the client does not receive money from the defendant.

However, the defendant seems to have the attitude of recognizing the defendant's mistake late, and the money that the defendant received from the client.