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(영문) 의정부지방법원 2014.05.14 2013노1588

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. misunderstanding of facts and misunderstanding of legal principles that the Defendant received KRW 10 million from F, as stated in the judgment of the court below, is a commission for the brokerage of the premium or premium for commercial buildings as stated in the judgment of the court below, and there is an error of misconception of facts and misapprehension of legal principles in the judgment of the court below which found the Defendant guilty of the facts charged of this case

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on the grounds for appeal ex officio shall be made ex officio prior to the judgment.

Where a crime which has not yet been adjudicated among latter concurrent crimes of Article 37 of the Criminal Act cannot be judged concurrently with the crime for which judgment has become final and conclusive, the punishment shall not be imposed concurrently in accordance with Article 39 (1) of the Criminal Act and the punishment shall not be mitigated or remitted in consideration of equity and equity.

(see, e.g., Supreme Court Decisions 2009Do9948, Oct. 27, 2011; 201Do2351, Jun. 10, 2011). On June 27, 2012, the lower court sentenced a fine of KRW 3 million by applying Article 39(1) of the Criminal Act on the premise that the crime of this case, which became final and conclusive by the judgment of the lower court (see, e.g., Supreme Court Decision 201Do2351, Jun. 19, 2012) and the crime of this case, are concurrent crimes under the latter part of Article 37 of the Criminal Act.

According to the records, the defendant was sentenced to one year of imprisonment with prison labor at Seoul High Court on March 27, 2008, and the above judgment became final and conclusive on April 4, 2008 (hereinafter referred to as "the first criminal conviction"), and the defendant was sentenced to one year of suspended execution for six months in his imprisonment with prison labor at the Jinyang District Court on June 19, 2012 after the crime of this case, and the above judgment became final and conclusive on June 27, 2012 (hereinafter referred to as "second criminal conviction"), but the second criminal conviction was recognized as terminated on May 15, 2006. Accordingly, according to the above facts of recognition, the second criminal offense of this case and the second criminal conviction are related to latter concurrent crimes under Article 37 of the Criminal Act.