Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment by finding the facts not guilty of the charges of this case, even though the defendant, as stated in the facts charged, is aware of whether the ownership transfer registration of the apartment of this case was made, and whether the loan of the lease fund was possible, intentionally silent to E.
2. Around October 5, 2013, the summary of the facts charged in the instant case, as a real estate broker, the Defendant received a brokerage request from “D Licensed Real Estate Agent Office” to “a apartment that is able to obtain a lease on a deposit basis with a lease on a deposit basis” from “D Licensed Real Estate Office” operated by himself/herself. However, the Defendant introduced an apartment that is unable to obtain a lease on a deposit basis from a financial institution due to the lack of ownership transfer registration under the name of the lessor (hereinafter “instant apartment”) and introduced an apartment that is unable to obtain a lease on a deposit basis from the financial institution. As such, E believed that he/she would assist the lessor to obtain a lease on a deposit basis with the lessor, thereby having the lessor pay KRW 2 million under the name of the lease on a deposit basis, thereby causing the client to make a false decision on important matters relating to the transaction of the object of brokerage.
3. Determination
A. The judgment of the court below is based on the evidence duly adopted and investigated, that is, the defendant stated in the investigation agency that "if the lessor fails to pay the balance of the sale price and the registration of ownership transfer is not completed in its name, the lessor pays the balance of the sale price in the money and if E pays the deposit, the lessor has been informed that E is entitled to receive a loan for lease on a deposit basis after completing the registration of ownership transfer." Thus, there is no ground for readily concluding that the defendant's statement is not reliable, and E does not have any balance of the sale price from the defendant.