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(영문) 청주지방법원 2011.12.22 2011고정1231
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a licensed real estate agent who has registered the real estate brokerage office in a trade name at considerable time of Cheongju.

A broker, etc. shall not receive money and valuables in excess of the fees or actual expenses under the provisions of Acts under any pretext, such as reward, donation, etc.

Nevertheless, around March 30, 2011, the Defendant entered into a contract with D and E for KRW 102,00,000 for KRW 68,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Therefore, the defendant violated the prohibited act of the broker by receiving the amount exceeding 340,000 won of brokerage commission under the provisions of the law.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and H;

1. A written accusation;

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

1. Article 49 (1) 10 and Article 33 (1) 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 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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