beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the facts of the crime No. 1 as indicated in the judgment below, since F, who did not have a certificate of an authorized broker in the course of the real estate sales contract with the defendant and I, actually takes charge of all the duties, such as the preparation of a contract and so, the defendant is not guilty.
In relation to the crime No. 2 of the judgment below, since it was not a fact that I et al. received a balance of nine million won on October 22, 2014 from I et al., and reported it, it is not a crime of false accusation.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Determination as to the assertion of mistake of the facts in the crime No. 1 of the judgment below as stated in the judgment below 1) The report should be made voluntarily, and the prosecution of the investigation agency, etc., that is, the investigation agency, etc., made a false statement in the course of provokinging a statement, does not constitute a crime of accusation. However, if an investigation agency voluntarily made a statement when it receives a supplementary protocol from the investigation agency, it should be deemed that the report on this part of the statement was made (see Supreme Court Decision 95Do2652, Feb. 9, 196, etc.). Whether a statement by a witness was made by an investigation agency, etc. should be determined by taking into account the developments leading up to the investigation, the forms and contents of answers to the inquiry by the investigation agency, the relationship between the facts charged in the investigation, and the witness’s statement (see Supreme Court Decisions 2005Do3203, Dec. 22, 2005; 2014Do4293, Feb. 29, 2014).
① On January 8, 2015, the Defendant filed a complaint against the husband of E as “an unlawful crime of real estate.” The content of the complaint is “E’s husband is D’s owner of real estate without a real estate qualification certificate.”