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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No practicing licensed real estate agent shall receive money and valuables from a client in excess of the remuneration or actual expenses under any pretext, such as reward, donation or others.

The Defendant is a person who runs the authorized brokerage business under the trade name of “D Licensed Real Estate Agent Office” in Seosan-si.

On March 5, 2013, at the above D Licensed Real Estate Agent Office, the Defendant: (a) requested the broker E to sell real estate from the client for the sale of real estate, and (b) demanded the husband G to perform the brokerage business concerning real estate transaction, such as field guidance; (c) around April 24, 2014, the Defendant prepared a sales contract concerning the real estate between E and buyer H and I at the above office; (d) on April 24, 2014, after entering into the sale contract concerning the real estate between E and B, G, stating the item column of the contract, the item column of the contract, special agreement, etc., and the Defendant prepared a real estate sales contract by entering the sale contract in the manner of stating the personal information column, such as the seller and broker, and received KRW 3,240,000,000 from the seller E as of the same day, exceeding KRW 3,240,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Copy of a receipt;

1. Application of the statutes governing a sales contract;

1. In the event of the instant crime, Article 49(1)10 and Article 33 subparag. 3 of the Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014); however, at the time of the instant crime, there was a penal provision under the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act, rather than the Licensed Real Estate Agents’ Act, but the statutory name was changed by Act No. 12374, Jan. 28, 2014 to the “Licensed Real Estate Agents’s Business Affairs Act” and was enforced on July 29, 2014.)

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the defendant's mistake, and the first offender is the defendant.