사기등
The remaining parts of the first judgment, excluding compensation order, and the second and third original judgments, shall be reversed respectively.
Defendant .
1. The respective punishments (two years: Imprisonment with prison labor for the first instance; imprisonment for the second instance; imprisonment for six months; and imprisonment for the third instance): Imprisonment for eight months) which are sentenced by the original judgment on the gist of the grounds for appeal are unreasonable; and
2. Ex officio determination
A. First, as to the violation of the Licensed Real Estate Agents Business and Report of Real Estate Transactions Act among the facts charged in the judgment of the second instance, the prosecutor: (a) filed a public prosecution on October 31, 2013 on the facts that “A real estate agent qualification certificate was leased on the condition that Q, a licensed real estate agent, may enter into a real estate brokerage contract in Q’s name at the office of “F Licensed Real Estate Agent” under Article 104 of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, on January 2012; and (b) the prosecutor brought a public prosecution on the same facts as that of the above facts charged on July 12, 2013; and (c) the first instance court found the Defendant guilty on July 30, 2013; and (d) it can be acknowledged that the Defendant appealed the judgment and transferred to the trial court due to the violation of the Licensed Real Estate Agents Business and Report of Real Estate Transactions Act, and thus, the public prosecution should be dismissed pursuant to Article 37 of the Criminal Procedure Act.
Nevertheless, the judgment of the second court which found the defendant guilty is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
B. In addition, the appeal case against the judgment of the court of first instance, which is the appeal case against the judgment of the court of second instance, and the appeal case against the judgment of the court of second instance against the judgment of the court of second instance, 2014No544 of this court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance, and each of the crimes of the court of second, second, and third (excluding the violation of the Licensed Real Estate Agents and Report of Real Estate Transactions Act among the judgment of the court of second instance) against the defendant is concurrent crimes under Article 38(1) of the Criminal Act.