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(영문) 수원지방법원 안양지원 2017.09.21 2017고단1021
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a real estate broker who operates an E-official broker No. 109 of the Gu D shop while he/she became up with the real estate broker.

A certified broker, etc. for commencement of a business shall collect a fee not exceeding 9/1,000 of the transaction amount from one party while mediating the trade of the objects other than a house, and shall not receive money or valuables in excess of the above remuneration or actual expenses under any pretext, such as case, donation, etc.

Nevertheless, around January 20, 2014, the Defendant received KRW 15 million from the victim H who sold the said forest by acting as a broker, and received KRW 32 million in total from around January 22, 2014, around April 9, 2014, by arranging a contract to sell KRW 1,163,310,000 to the Newjin-si Distribution Co., Ltd. with a 8,702.53 square meters of G forest owned by F at the said E-official brokerage office.

Accordingly, even though the defendant was 11,516,769 won, the defendant received 32 million won exceeding 20,483,231 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes (Liwon District Court 2016 group 521798)

1. Articles 49(1)10, 33 subparag. 3, and 32 of the former Act on the Services of Certified Judicial Brokers and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Act”) concerning criminal facts, and Articles 49(1)10, 33 subparag. 3, and 32 of the former Act on the Registration of Real Estate Transactions, and Selection of Fines

1. In light of the fact that the amount received in excess of the statutory fees for the reasons for sentencing as prescribed in Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses, the accused’s liability is light;

Although there is no record of the same kind of punishment, the circumstances after the crime, the age and environment of the defendant are all related to the fact that the defendant is against himself and the amount received in excess is deposited for the complainant.

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