업무상배임등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is erroneous in the misapprehension of legal principles that the defendant had already been punished for fraud for the same case (violation of the principle of prohibition of double punishment). The defendant was delegated to the authority of the victim B to conclude a charter contract, and the defendant himself did not have committed brokerage itself, and there is no error of mistake of facts.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged in the instant case as follows: “Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Gwangju District Court on April 25, 2012; on May 3, 2012, the judgment became final and conclusive on May 3, 2012.” From among the facts charged in the instant case, the part of “Defendant” in Article 2(2)(Violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, as stated in the judgment of the court below, “Defendant is from a female licensed real estate agent in collusion with G,” and the part of “Real Estate Agent G in the above office” in Article 5, “The above Licensed Real Estate Agent’s name” in Article 8, “At the same office, the above Licensed Real Estate Agent’s name” in Article 12(2)(3) of the Criminal Act is no longer applicable to G real estate agent’s indictment, and the Defendant is no longer applicable to G real estate agent’s amendment to the indictment.”
However, even if there are reasons for such ex officio reversal, it is judged within the scope of the revised charges that the defendant's misapprehension of the legal principles and the violation of the Licensed Real Estate Agent Business Act
The argument is still subject to the judgment of this court.