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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
As an authorized broker, the Defendant is a person who registered and operates a brokerage office with the trade name called “C Authorized Broker Office” from around December 5, 2014 to Busan Dong-gu.
No certified broker, etc. for commencement of a business shall receive money and valuables in excess of the brokerage remuneration or actual expenses under any pretext, such as case, donation, etc.
Nevertheless, on May 22, 2015, the Defendant received money and valuables in excess of brokerage remuneration or actual cost (8.60 million won) from the seller E while acting as a broker for sale and purchase of one bond of KRW 216 million at the office of the above brokerage office in Busan Dong-gu, Busan, and received KRW 8 million from the seller E.
Summary of Evidence
1. Statement by the defendant in court;
1. The document prepared in F and the statement prepared in E;
1. Application of a housing trade contract, receipt (16 pages of investigation records), or statutes governing the register of real estate brokerage offices;
1. Relevant legal provisions concerning facts constituting an offense and Article 49 (1) 10 and subparagraph 3 of Article 33 of the Judicial Act as a matter of course for the selective official approval of punishment (opportune selection);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;