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(영문) 의정부지방법원 2018.08.17 2018고단2023
공인중개사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a certified broker who operated the D Official Brokerage Office located in Gu Office C 104 from June 15, 2015 to June 10, 2017.

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

Nevertheless, around April 4, 2016, the Defendant mediated the sale and purchase contract of E Apartment 107 Dong 304 at the above brokerage office, and in return, received 1,326,000 won, exceeding 326,000 won, exceeding 326,000 won, and 2,000,000 won, exceeding 326,000 won, respectively, from the seller F and the buyer G, respectively, from the seller to July 2016, and received 38 remuneration exceeding 58,623,475 won, respectively, compared to the statutory remuneration limit, while mediating the sale and purchase contract of E Apartment 107 Dong 304 at the above brokerage office.

2. On June 10, 2017, the Defendant reported the closure of the business of the above D A certified broker office.

No person, other than an authorized broker, shall indicate or advertise the object of brokerage.

Nevertheless, on August 14, 2017, the Defendant posted a notice to the effect that “the Defendant is receiving the sale and purchase, and the receipt of the leased goods within a commercial premises, such as the business J of the Government,” which was used by the Defendant for the purpose of brokerage, prior to the change of the said D A’s office, the Defendant indicated the Defendant’s mobile phone number for the Defendant’s business in the name of the former D’s office.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to K in the police statement;

1. The written statement of the defendant;

1. The accusation, a written statement, the registry of real estate brokerage offices (D Authorized Brokerage Office), the Internet real estate advertisement;

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