(영문) 광주지방법원 2017.06.08 2017노1355 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2017.06.08 2017노1355

사기등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of two million won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The Defendant A (unfair sentencing)’s punishment (6 months of imprisonment) is too unreasonable.

B. Defendant B (1) In fact, the Defendant merely introduced F to A and did not participate in the brokerage act of A, but did not engage in the brokerage business of A in collusion with A to engage in the brokerage business without registering the establishment of a brokerage office.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. The court below found the Defendant guilty of the facts charged of the instant case on the grounds of the following facts: (a) the Defendant frequently entered the office of the instant authorized broker established by P, the Defendant was unaware of the fact that A was not qualified as an authorized broker and did not register the establishment of a brokerage office to the competent authority; (b) the Defendant was doing so to F who visited the said brokerage office as if he was affiliated with the said brokerage office; (c) the Defendant received a request for the sale brokerage of the instant land from F; (d) confirmed the location of the instant land by satellite photographs; (e) the Defendant introduced F to F as the representative of the said brokerage office; and (e) subsequently, the Defendant was asked for the sale of the instant land by AF and received brokerage commission; and (e) the Defendant stated that “A would not inform F of any fact of mediating the sale of land.”

B. If the reasoning of the judgment of the court below reveals the record, ① the F makes a consistent statement that corresponds to the facts charged in this part from the investigative agency to the court of original trial, describing the situation at that time in a specific and detailed manner, and ② the Defendant was accompanied by F along with A to the place where the instant land purchase and sale contract was entered, the facts charged in the instant case.

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