Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who was sentenced to a suspension of execution for six months of imprisonment with prison labor for fraud in order to raise the District Court, and on June 19, 2012, the judgment becomes final and conclusive.
A broker, etc. shall not receive money or goods in excess of the fees or actual expenses under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act and the Enforcement Rule thereof under any pretext, such as case, donation and others.
The Defendant is a broker assistant of the “E Licensed Real Estate Agent” of the D operation of Eunpyeong-gu Seoul Metropolitan Government 1, 104.
Nevertheless, around June 11, 2010, the Defendant: (a) under the foregoing “E Licensed Real Estate Agent”; (b) by mediating a lease contract with the broker “Seoul 412 G 106 commercial buildings,” a deposit of KRW 40 million and monthly rent of KRW 2.6 million, the Defendant received KRW 10 million from F in excess of the upper limit of fees (2.7 million) under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act and the Enforcement Rule thereof.
Summary of Evidence
1. Partial statement of the defendant;
1. Each part of the police statement made to H and I;
1. Application of the Acts and subordinate statutes written in part of the F document;
1. Affairs of relevant legal professional real estate agents and reporting of real estate transactions Act concerning facts constituting the crime under Article 49 (1) 10 and subparagraph 3 of Article 33 of the Act on Business Affairs of Licensed Real Estate Agents and Selection of Fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;