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(영문) 대전지방법원 천안지원 2017.03.31 2017고정74
공인중개사법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a certified broker who is operating the C Office in Asan City B.

No certified broker for commencement of business shall receive money or goods in excess of the actual expenses or remuneration prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Do within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the brokerage of the objects of brokerage, such as real estate, etc.

Nevertheless, on June 21, 2016, the Defendant received money and valuables exceeding KRW 8,820,000,000,000 for a single house (area 562.03 square meters) located in Asan City F among buyers D and E, under the pretext of brokerage remuneration, as five copies of a check of KRW 11:00 per day and KRW 15 million for a single check of KRW 12:00,000 on the 30th of the same month, and received money and valuables in excess of the maximum amount of legal brokerage remuneration equivalent to KRW 0.9% of the above sales price, from D, under the pretext of brokerage remuneration.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of multi-family house sales contract, receipt Acts and subordinate statutes;

1. Article 49 (1) 10, and Article 33 subparagraph 3 of the same Act concerning facts constituting an offense, and Article 49 (1) 10 of the same Act and Article 33 of the same Act concerning selective brokerage of criminal punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act exceeds the statutory brokerage commission for the reason of sentencing, the accused recognizes and reflects a crime, there is no record of criminal punishment, the fact that the intermediary fee paid in excess has been returned to the seller, and other circumstances indicated in the trial of this case, including the Defendant’s age, sexual conduct, environment, and criminal history, shall be determined as ordered by taking full account of all the circumstances indicated in the trial of this case.

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