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(영문) 서울중앙지방법원 2018.09.20 2018노1214

주택법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. The fact that the defendant recognized the facts of crime and divided the facts of crime, and there are extenuating circumstances to consider the defendant favorable to him, such as the fact that the defendant has no record of criminal punishment, except for the past crimes subject to a fine twice.

However, the crime related to the resale of the right to sell real estate, such as the crime of this case, induces the increase of the housing price by promoting real estate speculation, and disturbs the housing supply order, which eventually leads to the damage to the end, and thus, the quality of the crime is not good. The defendant's premium gained from the crime of this case reaches 60 million won, the equity between the case of the same kind and similar cases should be taken into account, and other circumstances that form the conditions for the punishment as shown in the records and arguments of this case, such as the defendant's age, sex, sex, environment, circumstances and result of the crime, the circumstances after the crime, etc., are considered, and thus, it cannot be said that the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.