(영문) 부산지방법원 2015.07.16 2015노1426



The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by a fine of five million won.


1. The sentencing of the lower court (two years of suspended sentence in six months of imprisonment) against the Defendants in the summary of the grounds for appeal is deemed unfair.

2. The instant crime pertains to: (a) the crime of this case restricts the opportunities for persons with disabilities who have no intent to acquire and own a house to be provided with a house through a special supply; and (b) thereby distort the housing supply system as prescribed by the Housing Act by making it possible for the general public who are not entitled to receive a special supply to acquire and own a house corresponding to a special supply; and (c) the case is not easy

However, it is difficult to view that the Defendants’ order in the supply of housing itself was significantly harmed because they were not prohibited from resale of supplied housing. The Defendants did not have much profits from the crime of this case; the Defendants recognized all the crime of this case and against their mistakes; Defendant D did not have any record of criminal punishment; Defendant F did not have any record of criminal punishment; Defendant F did not have any record of criminal punishment; Defendant F would have a first offender with no record of criminal punishment; in the event that the sentence of the lower court is finalized, the registration of licensed real estate agent is revoked and it would have been difficult for the family members who should support the Defendants to live due to the revocation of the registration of the lower court; and in addition, the sentencing of the lower court, which sentenced the Defendants to a suspended sentence, by taking account of the following: equity between similar cases and sentencing, the Defendants’ age, character and behavior, intelligence and environment, motive, means and consequence of the crime; and

3. As the appeal by the Defendants is well-grounded, the part against the Defendants among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment is rendered again as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are as follows.