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(영문) 전주지방법원 2014.03.26 2014고정42
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to 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 operates a real estate brokerage office in the name of “C” in the former North-U.S. territory B.

A broker, etc. shall not receive money or goods in excess of the fees or actual expenses prescribed by the Act under any pretext, such as case, donation and others, and shall determine the brokerage commission for the objects other than a house within the limit of 9/1000 of the transaction amount.

Nevertheless, the Defendant, at the above brokerage office on July 29, 2012, arranged a sales contract for F and G between D and E in the purchase price of KRW 110,00,000,000. On September 29, 2012, the Defendant agreed to receive KRW 1.5 million from E as a brokerage commission on September 29, 2012. On September 29, 2012, the Defendant received KRW 1 million out of the money, and received brokerage commission in excess of the commission prescribed by the Act (110,00,000 + 9±100 =90,000).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (verification of fees for real estate brokerage), application of Acts and subordinate statutes of Jeollabuk-do real estate brokerage commission rate;

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

1. Articles 70 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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