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(영문) 서울중앙지방법원 2014.01.16 2013고정1647
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a licensed real estate agent who operates an “E Licensed Real Estate Agent” in Article 2(2) of the Jung-gu Seoul Metropolitan Government Business Agent.

1. A person who intends to run the brokerage business without a registration shall register the establishment of a brokerage office with the registration authority;

On August 6, 2010, the Defendant did not register the establishment with the registration authority, and was requested to act as a broker for the 4th A column A5 of the 4th floor on August 6, 2010, and the Defendant arranged G to rent the above commercial building at KRW 20 million, monthly rent of KRW 1.8 million, as shown in the list of crimes in the attached Table, and operated the six unregistered brokerage business from that time until June 2, 201.

2. When mediating a commercial building lease agreement in excess of the statutory brokerage commission, the broker shall receive the brokerage commission for the object of brokerage from both the clients, and the limit which one party can receive from the broker may receive within the limit of 9/1,000 of the transaction amount.

On October 1, 2011, the Defendant: (a) at the above Licensed Real Estate Agent’s Office of the said Licensed Real Estate Agent, concluded that the said F&C’s above F&H’s three-story F&21 is the lessee I as the deposit amount of KRW 50 million and monthly rent of KRW 3.5 million; and (b) received from the lessee I as the intermediary fee of KRW 10 million exceeding the statutory fee of KRW 3.6 million (amount in excess), and received from the lessee I as the intermediary fee of KRW 6.4 million;

B. On February 13, 2012, the Defendant: (a) at the office of the said licensed real estate agent on February 13, 2012, the said office of the said licensed real estate agent: (b) concluded that the said FJ’s above FJ’s three-story J 27 is the lessee’s deposit amounting to KRW 20 million and KRW 2.9 million monthly rent; and (c) received from the lessee K a deposit amounting to KRW 3.5 million in excess of the statutory commission (2.90,000).

Summary of Evidence

1. The defendant's legal statement (the first fact in the market) and partial statement (the second fact in the market);

1. The witness I and K's respective legal statements;

1. Registers of real estate brokerage offices;

1. Application of Acts and subordinate statutes of a lease contract (Investigation Record 309 pages);

1. Duties of each licensed real estate agent and real estate regarding criminal facts and the selection of punishment;

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