Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. Although any person who violates the Licensed Real Estate Agent Act due to the use of another person's trade name is prohibited from performing brokerage services using another person's name or trade name, Defendant B used the office of "E Licensed Real Estate Agent Office" for the operation of Gangseo-gu Seoul Metropolitan Government D shop 106 A around April 2015, and used the name of the licensed real estate agent belonging to the above office as if he/she was an employee of the above office;
2. The Gangseo-gu Seoul Metropolitan Government act as a broker for the sale and purchase of the F neighborhood living facilities 102, thereby using the trade name of another person.
2. On April 2, 2015, Defendants violating the Licensed Real Estate Agents Act due to the excessive brokerage fee received KRW 17.5 million, respectively, from each of the aforesaid “E Licensed Real Estate Agents’ Office”, and received money in excess of the statutory brokerage fee, in return for mediating the sale and purchase of the said F neighborhood living facilities 102, KRW 4 million from G, and KRW 13.5 million from seller H ( KRW 3.5 million in title and KRW 17.5 million in title of the consulting fee, and KRW 17.5 million in title of the consulting fee paid by the buyer) in return for mediating the sale and purchase of the said F neighborhood living facilities.
Summary of Evidence
1. Defendant A’s legal statement
1. Defendant B’s partial statement
1. Each legal statement of a witness A and I;
1. Application of Acts and subordinate statutes to the police statement concerning G;
1. Defendant A of the pertinent law on criminal facts: Articles 49 (1) 10 and 33 subparagraph 3 of the Licensed Real Estate Agents Act, Article 30 of the Criminal Act (the point of receiving excessive remuneration), Defendant B of a fine: Articles 49 (1) 10 and 33 subparagraph 3 of the Licensed Real Estate Agents Act, Article 30 of the Criminal Act (the point of receiving excessive remuneration), Articles 49 (1) 7 and 19 (2) of the Licensed Real Estate Agents Act, and the choice of fines;
1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act