공인중개사의업무및부동산거래신고에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant individually sells apartment buildings owned by the defendant E (hereinafter “the apartment of this case”) as the owner of real estate after the mediation request received from E is terminated as the defendant’s refusal to act as the broker, but the court below found the defendant guilty as to the facts charged of this case by misunderstanding the facts.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.
Unless there are extenuating circumstances to view that maintaining the first instance court's decision on the credibility of the statement made by the witness at the first instance court is clearly unfair, or in full view of the results of the first instance court's examination and the results of additional examination of evidence until the closing of oral pleadings, the appellate court shall respect the judgment on the credibility of the statement made by the witness at the first instance court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). (b) Based on the above legal principles, the court below duly adopted the evidence and examined the evidence in a thorough manner. In light of the above legal principles, the court below directly conducted the procedure for examining the witness E, and then completed the examination of evidence in detail, stating the reasons in the word "a summary of evidence" column of the judgment below, and received a request for purchase brokerage from E who intends to purchase apartment at the time and place stated in the facts of the crime of the lower court's judgment, introducing the apartment of this case to the client and directly made the registration of the above sales contract as KRW 165 million.