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(영문) 대전지방법원 논산지원 2017.07.25 2017고정105
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a certified broker who operates real estate C in Ma in Masan-si, and a certified broker, etc. for commencement of business shall not receive money and valuables in excess of the remuneration or actual expenses under the certified brokerage law under any pretext, such as case, donation, etc.

Nevertheless, on December 14, 2012, the Defendant received KRW 20 million from D in excess of KRW 3,510,000,000,000,000 from D, in mediating a contract to sell the E farmland of KRW 7218.5 square meters to Korea at the floor of the Dispute Settlement Bank Co., Ltd. in the above C Real Estate, in terms of brokerage fees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The document of F;

1. Each real estate transaction contract;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a certified copy of land register);

1. Article 49(1)10 of the Act on the Business of Certified Private Brokerage and Report of Real Estate Transactions (Amended by Act No. 11866, Jun. 4, 2013); Article 33 subparag. 3 of the Act on the Registration of Real Estate Transactions; Selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects the defendant's wrongness and that part of the brokerage commission that the defendant received in excess of the defendant appears to have returned, the penalty as set forth in the summary order shall be partially reduced and determined in the same manner as the order shall be imposed

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