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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal, the defendant's act of promoting real estate speculation, such as mediating the sale of real estate for which the registration of ownership preservation or transfer has not been made or the change of rights such as resale has been limited under related Acts and subordinate statutes for the purpose of evading tax evasion or violating related Acts and subordinate statutes, but the judgment of the court below which acquitted the defendant.
2. Determination:
A. The summary of the facts charged is that the Defendant is a person who runs real estate brokerage business under the trade name of Daejeon Central District Court C-C-5, a “D Licensed Real Estate Agent.”
No one shall promote real estate speculation, such as mediating, etc. the sale of real estate for which registration of ownership preservation or transfer has not been made, or the change of rights, such as resale, is restricted pursuant to relevant Acts and subordinate statutes, with the intention of evading taxes or otherwise violating relevant Acts and
Nevertheless, around 11:00 on November 14, 2012, the Defendant knew that the registration of ownership preservation and the registration of ownership transfer has not been made in the name of the seller for the house of farming household in G located in the F judicial scrivener office located in Chungcheongnam-gun, Chungcheongnam who is the owner of the said house, shall be the seller, and KRW 150,000 was entered into a real estate sales contract with I as the buyer, and received KRW 150,000 as the brokerage commission.
B. Recognizing the following facts, the lower court determined that the Defendant was aware of the fact that the registration of ownership preservation and the registration of ownership transfer in the future for the instant farming house was not completed, but appears to have been endeavored to settle the unregistered state under an agreement between the seller and the buyer so that the registration can be completed normally, and that a sales contract is concluded on such premise.