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(영문) 의정부지방법원 2015.05.19 2014노1781
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have any relation to the transaction between the victim and B, and there was no fact that the victim said that he would pay the victim money under the name of the premium, and there was no conspiracy to commit the instant crime with B, etc.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the following circumstances recognized by the lower court based on the evidence duly adopted and investigated by the lower court (i.e., the victim corporation and the business entity (formerly changed trade name: Bobcom Co., Ltd.; hereinafter “victim company”).

The employee F of the Korean Licensed Real Estate Agent B was asked for the Victim B to store the victim at N in Yangyang-si, and to introduce and request the place of fine. ② The employee F of the Korean Real Estate Agent B was introduced from O real estate to C who works as a licensed real estate agent assistant, and C was provided with information that D building 107, 108, and 109 worked as the team leader of the D building sales team, and introduced E F and B to the head of the "P", ③ the defendant was working as the head of the "P" agency of D building, and E was introduced to F, etc. that the defendant had the right to lease the D building, ④ The defendant was required to pay KRW 30 million for the premium of KRW 500,000,000,000 to E, 205,000,0000,000 won for the premium of KRW 705,000,000,000 for the premium of the victim.

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