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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노188
공인중개사의업무및부동산거래신고에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the evidence submitted by the prosecutor, the court below found the Defendants not guilty on the grounds that there is insufficient evidence to prove the facts charged of this case. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

However, the court below held as follows: (a) as to the violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions against Defendant A, on the ground that “the Defendant’s act is deemed to have performed the business of purchasing the real estate on behalf of the Plaintiff, as a whole, in accordance with the agreement set out in the real estate service contract, and it is difficult to view it objectively as constituting the act of arranging and mediating transactions in accordance with social norms, and there is no other evidence to acknowledge it.” (b) as to the perjury against Defendant A, on the ground that “the Defendant appears to have made a consistent testimony based on objective facts, and there is insufficient evidence to deem otherwise to have made a false testimony contrary to memory,” on the ground that “The portion of the Defendant’s testimony that the Defendant was present at the time of preparing a sales contract on February 20, 2004 at the time of preparing the sales contract, and M did not appear to have made a false testimony contrary to memory, and that the portion of the Defendant’s testimony made a false statement contrary to M&C deposit in the account transfer as well.”

In light of the records, a thorough examination of the evidence of this case shall be conducted by the court below.

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