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(영문) 광주지방법원 2019.06.20 2019고정210
공인중개사법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a licensed real estate agent who runs real estate brokerage business under the trade name called Creal estate brokerage office in Seo-gu, Seo-gu.

Although a licensed real estate agent is not allowed to receive money or goods in excess of the remuneration or actual expenses under the Licensed Real Estate Agents Act on July 23, 2018, the Defendant, at the above C real estate brokerage office on July 23, 2018, as to 7 households in Seo-gu, Gwangju, Seo-gu, Gwangju, which was requested to sell, by arranging a sales contract with D, a buyer F, and a sales price of KRW 400 million, and was issued from the above D through the H bank account (I) in the name of its partner as a broker fee, etc.

As a result, while running real estate brokerage business, the Defendant received money exceeding 3.6 million won in legal brokerage remuneration equivalent to 40.9% of the purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. The choice of fines under Article 49 (1) 10 and Article 33 subparagraph 3 of the Licensed Real Estate Agents Act concerning facts constituting an offense (the specific amount of fines shall be taken into account that the defendant has had the record of being sentenced to a fine of 2015 for the same kind of offense, and that it seems that the defendant has agreed with the delivery of money and valuables smoothly);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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