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(영문) 부산지방법원 2013.09.12 2013노1027
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of fact (the second instance judgment) did not show that the Defendant removed the pictures of qualification certificate of licensed real estate agent in the name of F, and the Defendant removed F’s pictures from the qualification certificate of licensed real estate agent.

Even if it does not constitute an alteration in itself, and since a licensed real estate agent qualification certificate submitted as evidence is erroneous in the process of collecting evidence, its admissibility is not admissible.

B. The lower court’s sentencing (No. 1: a fine of 2.5 million won, and imprisonment of 2:4 months) is too unreasonable.

2. Determination

A. On January 28, 2010 to March 25, 2011, the summary of the facts charged by the court below 1) 2: (a) the Defendant appears to be the appearance of a licensed real estate agent’s office without closing his/her business; (b) from January 28, 2010 to March 25, 201, at the office of D Licensed Real Estate Agents, the Defendant removed F’s photograph attached to the F Licensed Real Estate Agent’s Certificate issued by the Busan Metropolitan City Mayor in an irregular manner; and (b) exercised the F’s photograph by removing and altering the above photograph at the same date and at the same place; (b) the court below held that the Defendant leased the above qualification certificate from F and used it as it is at the office of licensed real estate agent who removed and altered the above photograph; and (b) the Defendant’s act of attaching the F and the foregoing alteration to F’s office was removed.

3 The judgment of the court of this case is consistently asserted that there was no fact that the F’s photograph attached to the qualification certificate of the real estate agent was removed, and the F delivers the qualification certificate of the real estate agent attached with the photograph.

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