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(영문) 수원지방법원 2016.08.25 2016노1344
공인중개사법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,500,000.

The above fines are imposed by the Defendants.

Reasons

The summary of the reasons for appeal by the defendants (unfair sentencing) that the F, the client of the defendant A, has not claimed the buyer for a long time, shall be paid brokerage commission in excess of the normal amount of law to sell the real estate.

First of all, Defendant A's degree of participation in the brokerage of the F's land purchase and sale contract is lower than Defendant B and C, Defendant A's amount of KRW 11,80,000 paid out of the increased fee paid by Defendant F is KRW 11,20,00, KRW 3,960,000 out of the ordinary amount of the brokerage commission's law exceeding KRW 7,20,000, KRW 4,600,000 out of the total amount of KRW 4,60,000, and Defendant A supported and supported the husband who is suffering from the disease while carrying out the authorized brokerage business, and it is difficult to maintain livelihood because the judgment below becomes final and conclusive, and there is no history of punishment for the same kind of crime, the sentence of the court below against Defendant A is too unreasonable.

Defendant

B In order to sell one's real estate that Defendant B is against the wrong, and that the F, the client, has not been found for a long time, it would first pay 50,000,000 won in excess of the normal amount of the law.

No. F, the brokerage commission received from F was distributed to intermediaries and consulting service providers involved in the brokerage of a sales contract; Defendant B received KRW 11,130,000; Defendant B refunded the entire brokerage commission received from Defendant B to F; Defendant B supported a woman with poor mobility and children attending a university; Defendant B could no longer engage in an authorized brokerage business if the judgment of the court below becomes final and conclusive; and Defendant B has no record of punishment for the same kind of crime, etc., the court below sentenced Defendant B to a fine of KRW 3,00,000,000.

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