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(영문) 인천지방법원 부천지원 2012.06.07 2012고정553
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 operates the Jungcheon-gu B Licensed Real Estate Agent Office.

The Defendant: (a) around June 27, 2008, between C and D, a seller, and D on June 27, 2008, received money and valuables exceeding the maximum limit of legal fees (304,200) by arranging a contract to sell KRW 114,645 square meters for KRW 33,80,000 for purchase and sale of KRW 1,000,000 in cash from the said D; and (b) receiving money and valuables in excess of the maximum of legal fees (304,200)

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A land sales contract;

1. Application of Acts and subordinate statutes to a report on investigation;

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

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

1. The defendant's judgment on the issue of Article 334 (1) of the Criminal Procedure Act regarding the issue of provisional payment order is that considering traffic expenses, etc. are generated and it cannot be deemed that the amount exceeding the statutory limit under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter "Licensed Real Estate Agents Act") is received. Thus, Article 2 (1) of the Licensed Real Estate Agents Act provides that "the broker" means the mediation of transaction, exchange, lease, and other acts of acquisition, loss and transfer of rights between the parties to the transaction regarding the object of brokerage as provided in Article 3." Thus, the defendant's act at the location of real estate of this case is included in brokerage as it falls under any of the series of acts of mediation conducted to kill a sales contract, and thus, it is included in brokerage as provided in the same Act. According to Article 32 (3) of the Licensed Real Estate Agents Act and Article 20 (2) of the Enforcement Rule of the Licensed Real Estate Agents Act, the broker's actual expenses are required to confirm the relation of rights and obligations, etc.

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