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(영문) 부산지방법원 2013.10.10 2013노1789

공인중개사의업무및부동산거래신고에관한법률위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

A. In the process of finding facts, the Defendant merely mediated the instant real estate in KRW 130 million between the seller E and the buyer F, and even though there was no false speech or behavior with E and F as stated in the facts charged, the lower court erred by misapprehending the fact that the lower court convicted the Defendant, thereby adversely affecting the conclusion of the judgment.

B. Even if there is no unreasonable sentencing, the lower court’s sentencing (fine of three million won) is too unreasonable.

Judgment

A. On November 19, 2010, the court below made a statement to the effect that "E, while mediating the apartment of this case, the actual sales price of the apartment of this case was KRW 125 million or KRW 130 million due to the buyer's reasons" as follows: (i) under investigation by the police on November 19, 2010, the court below may be acknowledged by comprehensively taking into account the evidence legitimately adopted and investigated; (ii) under the investigation by the police, the defendant stated that "the seller, while mediating the apartment of this case, shall make a sales contract at KRW 125 million or KRW 130 million; (iii) the seller's statement to the same effect as the defendant on December 22, 2011; and (iv) the defendant and the F were consistently examined with the investigation agency on the date of entry into the Republic of Korea [the defendant's statement to the same effect as at the date of entry into the investigation agency (Evidence No. 18, No. 2, 109 of the evidence record No. 2, 864) and E evidence No. 137 of this case.