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(영문) 청주지방법원 2017.01.26 2016고단1704
공인중개사법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a certified broker who operates the office of “C Authorized Brokerage Agent” in Seocho-gu, Seocho-gu.

No certified intermediary shall receive money or goods from the client in excess of the remuneration or actual expenses for the brokerage of the object of brokerage determined by the certified intermediary judicial system under any pretext, such as case, donation, etc.

Nevertheless, the Defendant, at around April 18, 2014, arranged a contract to sell KRW 57,53 square meters in total for KRW 5640,000,000,000 among the seller D and the buyer E, and received KRW 5,553 square meters in total for KRW 5,640,000 as remuneration for brokerage, exceeding KRW 5,50,000,000 around April 18, 2014; KRW 5,000,000 around September 3, 2014; and KRW 3,00,000,000 from the buyer around December 27, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the statement of E and I in the protocol of interrogation of the accused by the prosecution;

1. Each police statement made to E and I;

1. Each accusation;

1. Business registration certificate (C authorized broker office) and real estate sale contract (three parcels, including petitioner H, etc.);

1. Application of the detailed inquiry by case as a result of the transfer process, a copy of the national bank J K K head, and a copy of the Saemaul Bank LU Acts and subordinate statutes;

1. Article 49 (1) 10, and Article 33 subparagraph 3 of the same Act concerning facts constituting an offense, and Article 49 (1) 10 of the same Act and Article 33 of the same Act concerning selective brokerage of criminal punishment

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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