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(영문) 대전지방법원 2016.01.08 2015노601
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

A does not pay the above fine.

Reasons

1. The grounds for appeal submitted after the expiration of the period for submitting the statement of reasons for appeal and each statement of reasons for appeal shall be considered to the extent that it supplements the reasons for appeal.

A. Defendant A1) misunderstanding the facts and misapprehension of the legal doctrine) The Defendant leased the qualification certificate of a certified broker. The Defendant did not borrow the qualification certificate of a certified broker from B and C as stated in the facts charged, as well as the support to the certified broker office.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

B) The amount that the Defendant received from I that exceeds the statutory fees was a real estate seller.

In addition to the fees to be borne by I, it includes all kinds of consulting costs such as the buyer's fee, the lessor's fee and the lessee's financial mediation.

Therefore, even if the Defendant did not receive a statutory fee in excess of the statutory fee, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 7 million) is too unreasonable.

B. Defendant B and C1) In fact, the Defendants were practically engaged in the duties of a certified broker, and did not lend the certificate to A.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

2) The sentencing of the lower court’s unfair sentencing (B: a fine of KRW 3 million, a fine of KRW 2 million, and a fine of KRW 3 million) is too unreasonable.

2. Judgment as to the defendants' mistake of facts and misapprehension of legal principles as to the violation of the Act on the Report of Real Estate Transactions and Business Affairs by lending the qualification certificate of an authorized broker

A. The summary of the facts charged is as follows: Defendant A’s brokerage assistant to the F Authorized Brokerage Agent Office (hereinafter “instant office”); Defendant B from July 31, 2009 to July 31, 201.

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