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(영문) 대전지방법원 2016.08.18 2015노3835
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) confirms the source of the brokerage commission paid to the defendant by E, while the defendant's statement is inconsistent, while the defendant's statement is consistent and credibility in E's statement, and the defendant's criminal records are considered, the judgment of the court below which acquitted the defendant, even if the defendant is sufficiently guilty, is erroneous in the misapprehension of facts.

2. Judgment on the assertion of mistake of facts

A. On December 14, 201, the Defendant: (a) traded and arranged a transaction of KRW 234.6 square meters of the Seoul Special Metropolitan City’s site (hereinafter “the instant site”); (b) received KRW 7 million as remuneration therefor; and (c) traded and arranged a transaction of KRW 238.3 square meters of the said D site (hereinafter “instant site”) on December 1, 201; and (d) received payment in excess of the remuneration prescribed in each Act by receiving a transfer of KRW 10 million in total from two times on March 28, 2013 and April 15, 2013 to a national bank account under the name of the Defendant.

B. The lower court determined that the witness E’s statement was difficult to believe, considering the following circumstances duly adopted and investigated by this court, and the other evidence submitted by the prosecutor alone proves that the facts charged were proven without a reasonable doubt, in support of the fact that the Defendant paid each amount exceeding the statutory brokerage commission.

For the reason that the defendant cannot be seen, the defendant was acquitted.

1) On December 23, 201, E found the remainder of the site of this case on December 23, 2011 and paid KRW 2.13 million among them to the Defendant after having paid KRW 2.5 million to the remainder of the site of this case.

On the same day, the submission of the statement of KRW 213 billion from the account in the name of the wife was made, but the balance of the land of this case is KRW 210,50,000,000 according to the sales contract, and it remains 2,50,000,000 if the above amount is excluded from the balance.

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