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(영문) 광주지방법원 2013.09.12 2013고정1340
공인중개사의업무및부동산거래신고에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Licensed real estate agents shall not receive money in excess of the fees or actual expenses under the provisions of Acts and subordinate statutes under any pretext, such as case, donation and others.

Nevertheless, around March 20, 2012, the Defendant arranged a sales contract of 215 square meters for four lots of land, such as Seo-gu, Seo-gu, Seoul, F, G, and H, and received KRW 30 million from C to the account (J) in the name of the Defendant, in excess of the brokerage commission prescribed by the “Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions” on March 21, 2012.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The suspect interrogation protocol of the police against K;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written confirmation of details of transactions, a sales contract for the land in this case, and a statement of confirmation of objects of brokerage attached to a general land sales contract;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant receives a large amount of money exceeding the statutory commission permitted by the law, but the criminal nature of the defendant is not less than that of the defendant in light of the fact that the defendant repents and reflects his mistake, the defendant has been punished once a fine is imposed, once a suspended sentence is imposed, and once a suspended sentence is suspended, but there is no record of punishment for the same kind of crime. The amount actually acquired among the brokerage commission paid by the defendant is up to eight million won, and the mediation was established only by the civil conciliation procedure with C to return KRW 4 million until December 31, 2012, and the defendant closes his real estate brokerage office and closes his/her business.

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