logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.02.02 2016고정1556
공인중개사법위반
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a brokerage assistant of G Authorized Brokerage Office in Gyeonggi-do Group F.

No certified broker, etc. for commencement of a business shall receive money or goods in excess of the prescribed remuneration or actual expenses under any pretext, such as case, donation, etc.

On September 21, 2015, in collusion, the Defendants received KRW 2,100,000,000,000,000,000,000 from the seller H and the buyer of the agricultural parking lot, in total, as a broker for a sales contract of KRW 32,20,000,000, which is a legal fee from the seller H, in excess of KRW 2.9% of the sales amount of KRW 1,000,00,000,000 from the seller H, and Defendant A received KRW 21,00,000,000,000 from the seller.

Summary of Evidence

1. The Defendants and witnesses’ respective legal statements

1. Each police statement concerning K, I, or L;

1. Application of Acts and subordinate statutes, such as a real estate transaction contract (1j and 2j), the Gyeonggi-do rate table of remuneration for real estate brokerage, details of deposit transactions, etc.;

1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Each certified brokerage broker shall be subject to Article 49 (1) 10 and Article 33 subparagraph 3 (Selection of Penalty) of the same Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Consideration of the fact that the conciliation was concluded in the civil procedure with Defendant AH and the amount equivalent thereto was paid.

2. Defendant B asserted that on September 21, 2016, the Defendant received two copies of KRW 10 million from H on the next day and returned KRW 10 million to H on the following day, and that he did not receive KRW 10 million again from H in cash.

However, on September 22, 2016, recording of conversations between H and the Defendants, the recording recording on September 22, 2016 (the Defendant changed to 50,000 foot, or the Defendant changed to 320,000 won from 320,000 to 20 million won and paid only a normal brokerage commission to the buyer, resulting in such a defect.

arrow