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(영문) 의정부지방법원 2014.07.17 2014고정805
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

B Licensed real estate agents, C are licensed real estate agents brokerage assistants, the defendants are employees of D building sales agencies, and E are employees of sales agencies.

Although an authorized broker, etc. is prohibited from receiving money or goods in excess of the commission or actual expenses under the provisions related to brokerage commission, donation and under any other pretext, the Defendant and B/E shall not receive money from the lessee as a premium, and then shall act as a broker for the victim corporation corporation and the victimized company to lease from the victim corporation corporation, E, and C and B shall pay E the premium by introducing E to the employee of the victimized company as a sales manager, and E shall pay 30 million won per premium to the above F, E shall receive 75 million won per premium from the victimized company and receive 107, 108, and 109 won per premium around July 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the suspect examination protocol of the prosecution in C, B, and E;

1. Statement made by the prosecution with respect to F;

1. Statement made by the police officer in G; and

1. Application of Acts and subordinate statutes in which investigation reports are entered;

1. Article 49 (1) 10 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (Amended by Act No. 11866, Jun. 4, 2013); Article 33 subparagraph 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; and Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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