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(영문) 춘천지방법원 2013.12.17 2013고정533
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is the licensed real estate agent of the “F Licensed Real Estate Agent Office” in Hongcheon-gun, Gangwon-do, and the defendant A is the brokerage assistant of the “H Licensed Real Estate Agent Office” located in Hongcheon-gun G of Gangwon-do.

On March 29, 2012, the Defendants received a request from I to sell real estate of 8,067 square meters of 14,067 square meters of Gangwon-gun, Hongcheon-gun, L, M, N,O, P, Q, and R, which is located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, and agreed to receive KRW 3,50 million as a brokerage commission, and received KRW 15 million as a broker commission, around April 20, 2012, and around December 6, 2012, the Defendants received KRW 10,000,000,000 won as a broker commission, in collusion, with the payment of KRW 4,50,000,000 as a legal fee, exceeding KRW 4,050,000,000 as a broker commission.

Summary of Evidence

1. Each legal statement of the witness J and T;

1. Partial statement of a witness I;

1. Part of the interrogation protocol of Defendant B by the prosecution (including the A and I statements)

1. Statement to J police officers;

1. Each investigation report (related to the current status of payment of excess fees);

1. Complaint;

1. A copy of a real estate sales contract, a copy of a transfer slip, a copy of receipt, a copy of a detailed statement of transactions, a copy of account transactions, a certified copy of real estate register, and a copy

1. Judgment on the defendants of the entire registered matters and their defense counsel's assertion

1. Defendant A and his defense counsel asserted that the sale brokerage of the instant real estate is limited to I, and that the amount received from J is not only the brokerage commission, but also the real estate consulting cost is not included, and the scope of the scope is not clearly distinguished. Defendant B and their defense counsel asserted that the seller of the instant real estate is I, the buyer is the broker of the instant real estate, and the mediation commission payment agreement is made between J and I, and the Defendants are not the broker of the buyer, but also the payment agreement is made with J and I.

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