(영문) 대구지방법원 2013.09.26 2012노3540 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2013.09.26 2012노3540

공인중개사의업무및부동산거래신고에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not intermediate the instant G entertainment tavern to E and did not receive a brokerage commission.

E transferred 1.5 million won to the account under the name of the defendant is received by the defendant under the pretext of entertainment heavy taxation, and 1.2.6 million won deposited to the account under the name of the J is merely granted to E as the price for acceptance of alcoholic beverages.

Nevertheless, the judgment of the court below which convicted the charged facts of this case based on the statements of E, etc. which are not reliable, is erroneous in the misapprehension of facts and adversely affected the judgment.

2. Determination

(a) No person, other than a licensed real estate agent or juristic person, may file for the registration of establishment of a brokerage office, or run a brokerage business without the registration of establishment;

On May 26, 2011, the Defendant: (a) arranged a lease agreement between the lessor D and the lessee E (title holder: F) on the 1st floor underground of the Daegu Suwon-gu C building; (b) received KRW 3 million under the pretext of a brokerage commission, as a broker, for a lease agreement on the 1st floor underground floor of the said C building between the lessor D and the lessee E (title holder: F).

B. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to whether the Defendant received brokerage commission, the Defendant may be recognized to have received KRW 3 million from E and H (the lessee immediately before E’s lease of the instant main points) as commission for the brokerage of the right to lease on the instant main points. H states that when the main points of this case are transferred to E, the Defendant was acting as a broker, and paid KRW 3 million in cash at the cost, and I states that in the process of transferring the main points of this case to E, E paid KRW 3 million and KRW 3 million in cash at the expense.

E shall pay 240,000 won in cash to the defendant in the investigative agency as a brokerage fee and shall be the account of the defendant.

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