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(영문) 대구지방법원 2016.11.18 2016노1010
공인중개사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles merely performed the role to be a brokerage assistant, and did not act as a broker by using Defendant B’s licensed real estate agent qualification certificate, and even though Defendant B acted as a licensed real estate agent, the court below found Defendant B guilty of all the charges of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Each sentence sentenced by the lower court of unreasonable sentencing (a fine of three million won) is too unreasonable.

2. Determination

A. The court below rejected the defendants' assertion in detail under the title "a judgment on the defendants' and defense counsel's assertion", which states that the defendants' assertion of mistake of facts or misapprehension of legal principles is the same as the grounds for appeal of this case, and the court below rejected the above assertion in detail. If we look at the above judgment of the court below in detail with the record, it is just and acceptable to determine the court below, and there is no error of law by misunderstanding facts or by misunderstanding of legal principles

Therefore, the above assertion by the Defendants is without merit.

B. It is recognized that Defendant B did not have any record of punishment heavier than a fine, and there was no record of punishment for the same kind of crime.

However, in light of the legislative intent of the Licensed Real Estate Agent Act with the aim of enhancing the expertise of licensed real estate agents in their business affairs, promoting the real estate brokerage business in a sound manner, and contributing to the national economy, the Defendants’ liability for the crime is not easy, and the Defendants do not seem to have a genuine attitude against themselves by denying their crimes, and Defendant L has a history of fines for several times and of having been subject to suspended execution, and is punished as the same crime.

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