공인중개사의업무및부동산거래신고에관한법률위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The F and K’s statement that there was no Defendant A at the place where the contract was entered into for factual misunderstanding was consistent, specific, and there was no reason to make a false statement unfavorable to the Defendant, and G was also not at the place where the contract was entered into by the investigative agency, and Defendant B read and explained the content of the contract.
In light of the fact that Defendant A appears to have prepared only a purchase and sale contract in the form of form, and the fact that Defendant A mediated the agreement between the seller and the buyer after the preparation of the contract alone appears to have inevitably participated in the brokerage business using the name and trade name of Defendant A as an authorized intermediary, and although it is apparent that Defendant A had the broker conduct the brokerage business as above, the court below acquitted Defendant A of the facts charged in this case on a different premise. Thus, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B. In light of the legal principles, Defendant B constitutes a person who acts as a broker without registering the establishment of a brokerage office under Articles 48 subparag. 1 and 9 of the Act on the Business Affairs of Certified Brokerage Agents and Report of Real Estate Transactions, and Defendant A must be punished in accordance with both punishment provisions of Article 50 of the same Act. Thus, in the case where the facts charged in the instant case are deemed not guilty, the court did not perform the required changes in the indictment but rendered a judgment of not guilty, and thus, the court below erred by misapprehending the legal principles, which affected the conclusion
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case is a certified broker who registered the establishment of a brokerage office under the trade name of D, and Defendant B is a brokerage assistant of D.
1) Defendant B is not a certified broker but a brokerage assistant.