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(영문) 대구지방법원 2016.04.28 2016고정401
공인중개사법위반
Text

Defendants shall be punished by each fine of KRW 3,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A as an authorized broker for the opening of a business, operated the “F Authorized Broker” from May 201 to March 201, 201, in the Gyeongbuk-gun E.

Defendant

B as an authorized broker for the opening of business, from April 2008 to the present point of view, “H-authorized Broker Consultation” has been operated in the G of the G of the G of the G of the G of the G of the G of the G of the G.

Defendant

C as an authorized broker for the opening of the business, from October 2010 to the present date, the "J-authorized Broker" has been operated in Gyeongdong-gun I.

On February 15, 2011, the Defendants: (a) arranged to sell and sell (the purchase price of KRW 172,00,000) forest M& 28,428 square meters between K and L by the seller at the F Authorized Brokerage Office; (b) in excess of the statutory fees, the Defendants received KRW 8,500,000 for Defendant A; (c) KRW 8,600,000 for Defendant B; and (d) Defendant C received KRW 8,60,000 for Defendant C, respectively.

As a result, the Defendants conspired to collect brokerage commission in excess of a maximum of 0.9% (1,548,000 won).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police to K (including the part concerning L's statement);

1. A protocol concerning the examination of suspect with respect to N (including the part concerning the statement in B);

1. Each police statement made with respect to L/N;

1. Each investigation report (attached documents, such as a suspect A certified broker qualification certificate, etc., and attaching details of account transaction in C);

1. Each authorized broker qualification certificate, each brokerage office registration certificate;

1. Application of Acts and subordinate statutes on real estate transaction contracts and reports on real estate transaction contracts;

1. The Defendants: Article 49 (1) 10 and Article 33 subparagraph 3 of the Official Brokerage Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, respectively;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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