(영문) 부산지방법원 2016.03.31 2015노3341 | 리걸엔진

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(영문) 부산지방법원 2016.03.31 2015노3341

공인중개사법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay the above fine.

Reasons

1. The gist of the grounds for appeal is that the defendant directly and led the brokerage business in excess of the mere assistant role in the real estate brokerage process.

Therefore, the judgment of the court below that acquitted the defendant is erroneous by misunderstanding the facts and misunderstanding the legal principles, which affected the conclusion of the judgment.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

In the trial of the case, the prosecutor filed an application for changes in the indictment with “The Defendant in collusion with F and A” in the part of the facts charged in the instant case, and the subject of the judgment was changed by this court’s permission, and thus, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is so decided as follows.

Criminal facts

In the name of "E" in the 4-dong 3-dong, Suwon-gu, Busan Metropolitan City, the real estate intermediary was operated by F, who is not qualified as a certified broker, by leasing the real estate brokerage business from G, and the defendant was working as an employee of the above brokerage business.

No person shall render brokerage services using another person's name or trade name.

Nevertheless, on May 18, 2012, the Defendant, in the course of mediating the transaction between H and J of the seller of the I detached Housing of Busan Young-gu, Busan, which was conducted at the office of the broker, was using the name of G in collusion with F and A, by preparing a real estate transaction contract in the name of the above G in the name of the authorized broker, and thereby making the broker using the name of G.

Summary of Evidence

1. Statement by the defendant in part of the trial court;

1. Legal statement by the F witness of the trial court and by the J;

1. A protocol of examination of the suspect of the defendant or defendant A by the prosecution;

1. The police in relation to G.

유사 판례

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-부산지방법원 동부지원 2015.09.10 2015고정520