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(영문) 대전지방법원 2013.06.14 2013고합78
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant B is the husband of F, who operates the E Licensed Real Estate Agent Office in Seo-gu Daejeon, Seo-gu, Daejeon, and is the brokerage assistant.

A broker, etc. is prohibited from receiving money or goods in excess of the fees or actual expenses prescribed by municipal ordinances of the City, on or before May 22, 2009, in collusion with F, the Defendant, at the above E Licensed Real Estate Agent Office, arranged a sales contract between G and H, and received KRW 19 million, an amount exceeding KRW 820,000,000,000, which is a statutory brokerage commission, from the buyer, around June 24, 2009.

2. Defendant A is a real estate broker who operates the K Real Estate Brokerage Office in Daejeon Jung-gu, Daejeon.

A broker, etc. is prohibited from receiving money or goods in excess of the fees or actual expenses prescribed by municipal ordinances of the City, even on May 22, 2009. However, around June 24, 2009, the Defendant arranged a sales contract for the instant land between G and H by a seller at the above E Licensed Real Estate Agent Office, and received KRW 70,000,000,000,000 from the seller, which is a legal brokerage commission, from the seller, around June 24, 2009.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement to the effect that Defendant A has mediated the conclusion of a land purchase and sale contract and received KRW 70 million from G in addition to the fact that Defendant A had done so under this law;

1. Statement F in the suspect examination protocol of F and B by the prosecution;

1. Entry of the prosecutor's protocol of suspect in G in a copy;

1. Statement made by the police officer in relation to H;

1. Application of Acts and subordinate statutes to each of the copies of a real estate sales contract, a copy of a certified copy of the register (current valid matters)-land (for submission), a copy of a business registration certificate, a family relation certificate

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: Licensed real estate agents.

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