Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. On October 28, 2009, the Defendant, without registering the establishment of a brokerage office, arranged the conclusion of a sales contract for G land in the city between E and buyer F at the D Licensed Real Estate Agent Office located in Incheon-si on October 28, 2009, and provided the brokerage business by receiving KRW 2 million from F as a brokerage commission.

2. On January 27, 2013, without registering the establishment of a brokerage office, the Defendant, at the said D Licensed Real Estate Agent Office, mediated the conclusion of a sales contract for the land J between H and I by the seller and I, and provided the brokerage business by receiving KRW 430,000 from H as a brokerage commission.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to F or K by the police;

1. The Defendant asserts that: (a) the Defendant received money as stated in each of the above facts constituting a crime but received money as actual expenses; (b) he/she received part of the money received from F to others; and (c) he/she received only KRW 700,000,000 from H; and (d) the money received from H was returned.

However, even if the defendant made a confession of all the above facts constituting the crime at the prosecution, and based on each of the above evidence, in particular, F, H's statement and receipt (as one right 6 pages of investigation record), confirmation (as two right 56 pages of investigation record), the above facts constituting the crime are found guilty.

Defendant’s assertion is not accepted.

Application of Statutes

1. Article 48 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, Articles 48 and 9 (1) of the Act on Business Affairs of Licensed Real Estate Agents and Selection of fines concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;