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(영문) 전주지방법원 2015.07.01 2015고정430
공갈미수등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a practicing licensed real estate agent who has completed the registration of establishment of a brokerage office in the name of “C Licensed Real Estate Agent Office” in Kim Jong-si, and D is a brokerage assistant of the said brokerage office.

1. Violation of the Licensed Real Estate Agents Act;

(a) A practicing licensed real estate agent, etc. shall receive brokerage remuneration for the object of brokerage from both clients; in cases other than a house or officetel, the clients and practicing licensed real estate agents shall make a decision by mutual consultation between them within the extent of 9/1,000 of the transaction amount; and they shall not receive money and valuables in excess of the limits prescribed by Acts and subordinate statutes or under any pretext, such as a case, donation, etc.

D around June 17, 2013, at the F judicial scrivener office located in Y in Yasan-si, G, Kim Jong-si, G, 6,594 square meters, I,179 square meters prior to J, 1,430 square meters prior to J, and 197 square meters of K forest (hereinafter “instant real estate”) in the F judicial scrivener office located in Y Kim Jong-si, Y-si, G, and (hereinafter “instant real estate”).

L was requested by the above G to receive KRW 70 million from the above G on the same day as the brokerage commission for the above sales contract, and was paid as a brokerage commission for the purpose of D the amount equivalent to KRW 70 million from M representing the above G from 10 million in terms of the mutual and aesthetic family in Seocho-gu Seoul Metropolitan City.

As a result, D received 70 million won under the pretext of brokerage fees, etc. in excess of the statutory fee limit (Article 18,567,450 won) arising from the brokerage of the above real estate sales contract.

B. The Defendant received KRW 70 million under the name of brokerage remuneration, etc. in excess of the statutory fee limit as seen above with respect to brokerage business, which is a broker assistant belonging to the “C Licensed Real Estate Agent Office” of Defendant’s operation, at the time and place indicated in paragraph (1).

3. Attempted attempts to join the real estate sales contract of this case, as described in Paragraph 1, D received KRW 70 million through the above L under the pretext of the brokerage remuneration, etc., but agreed to be borne by the purchaser.

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