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(영문) 창원지방법원 마산지원 2013.04.09 2012고정870
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is a licensed real estate agent operating business under the trade name of Changwon-si D Licensed Real Estate Agent.

No broker shall receive money or valuables in excess of the fee under any pretext, such as cases, donations, etc.

Nevertheless, the Defendant, on May 4, 2012, received a brokerage commission of KRW 550,00,000,000,000,000,000 from Changwon-si E in excess of KRW 1.1,000,000,000,000,000,000,000,000 won.

2. Direct evidence that corresponds to the facts charged in the instant case lies in the witness F’s statement in the second trial record, the F’s investigation agency’s statement, G’s legal statement as F’s ancillary, and part of H’s investigation report.

Among them, F and G’s statements are not only inconsistent with each other, but also difficult to believe in light of the witness H and I’s respective legal statements, the witness J’s statement in the second protocol of trial, and the copy of the description of confirmation description of object of brokerage, and the witness H’s partial statement in the investigation report is difficult to believe in light of the witness H’s statement in this court, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of this decision is publicly announced under Article 58(2) of the Criminal Act. It is so decided as per

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