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

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

Punishment of the crime

A practicing licensed real estate agent shall not receive money or goods in excess of the amount of remuneration or actual expenses under any pretext, such as reward, donation, etc. only where he/she receives the fixed remuneration concerning brokerage business from the clients.

Nevertheless, on March 22, 2016, the Defendant, a broker, received money exceeding KRW 1,704,708,000, which is legal fees, from the buyer, in the course of acting as a real estate intermediary in Daejeon Sung-gu B (seller C and buyer D) at the coffee shop located in Daejeon Sung-gu, Daejeon, as a result of receiving KRW 25,00,00 from the buyer in terms of outside of brokerage fees, consulting expenses, and receiving money exceeding KRW 1,704,708, which is legal fees.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement of the accuser, or a contract for the sale (transfer) or sale;

1. Certificates of qualification of licensed real estate agent or brokerage office registration;

1. Application of Acts and subordinate statutes to the remittance of brokerage commission;

1. Article 49 (1) 10 of the Licensed Real Estate Agents Act and subparagraph 3 of Article 33 of the Licensed Real Estate Agents Act, the choice of punishment concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act reveals that the defendant himself/herself has dealt with the transfer and establishment of a kindergarten, such as the sale and purchase of the instant case, and the amount of money actually received is also considerable. The instant case appears to have occurred when the defendant demanded the buyer to pay money exceeding the statutory fees actively.

Defendant

In addition, the defense counsel asserts that only KRW 12,50,000,000 is a brokerage commission, and the remaining KRW 12,50,000,000 is money received for consulting services, etc. However, at the time of making a statement at the investigation agency, the defendant stated that "at the time of making a statement, the defendant stated that "at the time of making a statement to the investigation agency, the defendant did not clearly distinguish the commission and consultation, service cost, case cost, etc., that the amount of KRW 25,00,00 is necessary," and that it is money from actual D (Evidence No. 30 pages)