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(영문) 대구지방법원 2013.06.05 2013고정66
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

1. Defendant B, etc. shall not receive money and valuables in excess of the fees or actual expenses under the provisions of Acts and subordinate statutes under the pretext of case, donation and others;

A. Nevertheless, around June 27, 2012, the Defendant received KRW 1,224,00,000,000,000 from G, under the pretext of the brokerage commission for the G sales contract for housing located in Busan Metropolitan Government E Licensed Real Estate Agent Office located in Busan Metropolitan City, as well as KRW 2 million around July 6, 2012, and KRW 1 million around July 13, 2012, from G to the account in the name of the Defendant.

B. On August 30, 2012, the Defendant received KRW 700,000 in cash from G in the office of the said licensed real estate agent around September 2, 2012, under the name of the brokerage commission of the G sales contract for the housing located in Busan Metropolitan City, which was concluded at the office of the said licensed real estate agent.

2. Defendant A, at the date and time, and at the place specified in the above 1.1., Defendant B, a broker assistant of the Defendant, committed the above offense regarding the Defendant’s brokerage business.

Summary of Evidence

1. Partial statement of the Defendants (as of the third trial date)

1. Witnesses G and I's respective legal statements;

1. A detailed statement of bankbooks;

1. A sales contract (F in a mountain);

1. Application of statutes governing a sales contract (H);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 50, 49 (1) 10, and 33 subparagraph 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

(b) Defendant B: Articles 49 (1) 10 and 33 subparagraph 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. Defendant A is a real estate agent and Defendant B is a real estate intermediary. A.

Defendant

A Licensed Real Estate Agents shall be different.

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