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(영문) 광주지방법원 2018.07.03 2018노395
공인중개사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and F1) The Defendants’ act by misunderstanding the legal principles is merely merely an “sale brokerage” and does not constitute an “mediation” under the Official Act.

Nevertheless, the judgment of the court below which judged otherwise and sentenced the defendants guilty is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court’s unfair sentencing (2 years of suspended sentence in October, and 2 years of suspended sentence in August, 200) is too unreasonable.

B. Defendant D1) misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant merely assisted in brokerage, and did not run brokerage business as described in the facts charged of the instant case.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts or misunderstanding of legal principles.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of legal principles of Defendant B and F

A. “Good offices” as prescribed by Article 2 subparag. 1 of the Act refers to mediating sale and purchase, exchange, lease, and other acts concerning acquisition, loss, and transfer of rights between parties to a transaction regarding the subject matter under Article 3 of the Act.

Whether a certain act constitutes brokerage ought to be determined depending on whether a broker’s act is objectively deemed to be an act for mediating transactions in light of social norms, in light of the purport of the legal provisions aimed at protecting the parties to the transaction (see, e.g., Supreme Court Decision 2017Do11528, Oct. 26, 2017). (b) The lower court determined as follows based on the evidence duly adopted and investigated by the lower court: (i) the Defendants came to know of the discount sale of a Ptel (hereinafter “the instant officetel”); and (ii) introduce the instant officetel to the buyers who wish to purchase the instant officetel, thereby doing so.

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