Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who runs real estate brokerage business under the trade name of "C Brokerage Office" in Busan Jung-gu, and D is a broker assistant for E real estate.

A broker, etc. shall not receive money and valuables under any pretext exceeding the fees or actual expenses within the scope determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to brokerage of objects other than housing.

Nevertheless, in collaboration with D on June 15, 2012, the Defendant received money in excess of the statutory fee by receiving the payment of KRW 20 million under the title of brokerage commission from the said G, even though the maximum amount of the statutory brokerage commission is KRW 14.5 million, in arranging a lease contract with the lessee for the lease of three-story commercial buildings located in F in Busan, Jung-gu, Busan, to the lessee in the amount of KRW 300,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of an interrogation protocol of D by the prosecution;

1. A certified copy of each protocol of suspect examination of the police against D (including the substitute part);

1. A certified copy of the police statement of H;

1. A certified copy of investigation report (the rate table of real estate brokerage commission), a certified copy of real estate brokerage commission; and

1. The application of the statutes to the certified copy of the cash custody certificate, the certified copy of the statement of transaction performance, and the certified copy of the transaction performance record;

1. Article 49(1)10 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agents Act”), Articles 33 subparag. 3 and 49(1)10 of the same Act regarding criminal facts, and the selection of fines

1. Articles 70 (1) 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;