Criminal lawyer acquits defendant in second trial of violating the Licensed Real Estate Act

[Seoul Economy] Mr. A (72), who was handed over to trial on charges of violating the Licensed Real Estate Act last September, was found not guilty in the appeals court.

At the time, the first trial judged him guilty and a fine was imposed, but the 1st Criminal Division of the Changwon District Court decided that there was no proof of the crime, so he overturned the first trial ruling and declared him not guilty.

According to the current Enforcement Rules of the Licensed Real Estate Agent Act (Article 20), a licensed real estate agent must receive remuneration for sale brokerage from both brokerage clients, but must not receive remuneration exceeding 9/1,000 from either party.

Mr. A, who was accused of receiving a brokerage fee that exceeded the legal fee while concluding a real estate transaction worth 31 million won, denied the charges and claimed innocence, but this was not accepted and he was sentenced to pay a fine of 4 million won and 80% of the legal costs in February.

Accordingly, a second trial was held following Mr. A's appeal, and the appellate court ruled in Mr. A's favor. At the time, a criminal lawyer from Daeryun Law Firm, who represented Mr. A for his appeal, said, “We prepared evidence and defense by delving into the fact that the accuser’s statement about how and from whom the defendant received the money was being inconsistently reversed,” and added, “According to Article 307 (2) of the Criminal Procedure Act, admission of the crime must be proven beyond a reasonable doubt, so we responded to the case with the goal of innocence.”

He went on to explain, “It was decisive that we were able to find irrefutable evidence, such as the fact that the money the defendant deposited into his account on the day of the incident was repayment from a debtor in the past, and that the place, time, and amount that the plaintiffs claimed to have paid the brokerage fee were completely different.”

Meanwhile, Mr. A is in the process of filing a complaint against the first trial accuser for false accusation and perjury. According to Daeryun Law Firm (Representative Attorney Shim Jae-guk), the plaintiff's representative, "The plaintiff was able to be cleared of the charges in the second trial, but she complained of mental and financial pain, such as not being able to concentrate on her main job for a significant period of time during the trial," and added, "Based on the plaintiff's will to seek severe punishment for the defendants, we will hold the defendants accountable for their false accusations and perjury."

/Reporter Kim Dong-ho dongho@sedaily.com





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