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(영문) 서울북부지방법원 2014.09.30 2014고정1475
공인중개사의업무및부동산거래신고에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A broker, etc. shall not receive money and valuables in excess of the fees or actual expenses under Article 32 (3) under any pretext, such as reward, donation, etc.

around September 6, 2013, the Defendant arranged a real estate sales contract of KRW 400 million between the seller’s G and the buyer’s H with respect to the D Real Estate Brokerage Office (former E Real Estate Brokerage Office) operated by the Defendant in Jung-gu Seoul, Seoul, and received KRW 1.6 million from the buyer to the account of community credit cooperatives in the name of the Defendant on September 16, 2013, over KRW 1.6 million.

Summary of Evidence

1. Defendant's legal statement;

1. A civil petition prepared by the H;

1. A sales contract;

1. Transfer certificate;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 49(1)10 of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agents Act”), Article 33 subparag. 3 of the same Act regarding facts constituting an offense, and the selection of fines

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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