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(영문) 전주지방법원 군산지원 2016.06.24 2016고정204
공인중개사법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a certified broker who operated a certified brokerage office in the following city B.

No certified broker, etc. for the opening of a business shall receive money or goods in excess of the remuneration (within 9/1,00 of the transaction amount) determined by Ordinance of the Ministry of Land, Infrastructure and Transport under the pretext of case, donation, or any other pretext.

Nevertheless, around June 22, 2015, the Defendant: (a) arranged a real estate sales contract of approximately KRW 276,250,000 for the purchase price of approximately KRW 5,372 square meters in the seller’s office of the above certified broker; (b) agreed to receive a fee of KRW 10,000 per square meter (3.3 square meters) from the seller’s office of the seller’s office of the sales and purchase; and (c) received KRW 16,000,000 in cash from the above D in the name of the broker’s office of the agricultural cooperative, etc., in the form of the above sales and purchase contract fee of KRW 30,00,00,00 from the above D around July 31, 2015, the payment date of the remaining amount of money.

Accordingly, the Defendant received money exceeding KRW 13,513,750 in excess of KRW 2,486,250 equivalent to 9/1,000 of transaction amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 49 (1) 10 and Article 33 subparagraph 3 of the same Act concerning facts constituting an offense, the choice of a fine and the selection of a fine for such offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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