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(영문) 전주지방법원 2014.07.18 2014노345
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant received 990,00 won by adding up KRW 1,00,000,000 from the buyer of the sales contract arranged by the Defendant, and thus, the Defendant did not receive money exceeding the commission or actual cost prescribed in the Act, the lower judgment convicting the Defendant of the facts charged of this case is erroneous and adversely affecting the conclusion of the

B. The sentence (one hundred thousand won of a fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court on the assertion of mistake of facts, the Defendant: (a) received a request from E to find out the forests and fields that can be seen as a farmer; and (b) introduced F/G forest land in the former North Korea-U.S.-U.-U.K.-U.-U.K.-U.-U.K.-U.-U.-U.K.-U.-U.-U.K.-U.-U.-U.K.-U.-U.-U.K.-U.-U.K. (hereinafter “instant forest”); (c) the Defendant reduced the sale price of the instant forest and fields; and (d) mediated the seller D and the buyer to enter into the sales contract by determining the sales price as KRW 110 million on July 29, 2012; (c) the Defendant did not specifically determine the amount of brokerage commission at the time of the sales contract; (d) changed to the extent of KRW 3 million for the buyer’s reduction of the sales price on September 15, 2000,00.

The above facts and the evidence duly admitted and examined by the court below, namely, the defendant agreed at the investigative agency to receive KRW 1.5 million from E as a brokerage commission, and stated only as a performance bonus by lowering the purchase price, and there was no statement on actual expenses. The court below also acknowledged the facts charged of this case.

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