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(영문) 의정부지방법원 2017.07.20 2016고정1576
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

C is a brokerage assistant of the D A certified broker office, E is a certified broker of the D A certified broker office, F is a certified broker of the G certified broker office, the defendant is a certified broker of the H certified broker office, the defendant is a certified broker of the H certified broker office, and the I is a certified broker of the J certified broker office.

No authorized broker, brokerage assistant, etc. for commencement of business shall receive money and valuables exceeding the legal remuneration or actual expenses under any pretext, such as case donation, etc.

Nevertheless, on July 27, 2015, the Defendant and C, E, F, and I conspired to receive money exceeding the statutory remuneration from the seller L while mediating a contract for the sale of KRW 2,170,000,000 among L, a seller, and L, a buyer, at the D Authorized Broker Office located in Gyeonggi-si, Gyeonggi-do.

Accordingly, F received 30,00,000 won as a honorarium in addition to L’s statutory remuneration of 19,530,000 won (2,170,000,000 won x 0.9%) from L at the place of gold-dong in the gold-si in the same day of the Government of the Republic of Korea on the same day, and I and the Defendant received 15,000,000 won out of the above 30,000,000 won from F at the above J’s authorized brokerage office on July 28, 2015, as a honorarium at the above J’s authorized broker office, and C and E received 15,00,000,000 won out of the above 15,00,000,000 won from I from the above D authorized broker office on July 28, 205.

As a result, the Defendant received money in excess of the statutory remuneration in collusion with C, E, F, and I.

Summary of Evidence

1. Partial statement of the witness F;

1. Entry of part of the witness I in the third public trial protocol;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A detailed statement of the collection and refund of excessive brokerage fees, and a real estate transaction contract;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 49 (1) 10 and Article 33 of the Judicial Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

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