사기등
The judgment below
Part against Defendant B and C and the guilty part of Defendant A shall be reversed.
Defendant
A. Imprisonment.
1. Summary of grounds for appeal;
A. Defendant A knew the victims of the fact that an auction on the “Jari” as stated in the facts charged (hereinafter “the instant friendship”) is being conducted, and Defendant A believed that a supply contract regarding O 206, which was provided as security for a deposit, is true and is engaged in brokerage, and thus, is not established a crime of fraud.
B. The lower court’s sentence against Defendant B, C, and C (one year and three months of imprisonment) is too unreasonable.
C. The lower court’s judgment 1) In so doing, it erred by misapprehending the legal doctrine on Defendant A’s comprehensive brokerage as well as coponer as to the instant sugar, and even if Defendant A acted as a broker of a lease agreement under the Civil Act and as a broker of a family mixing contract, the above contract includes the nature of the lease. Thus, the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”).
(2) The lower court’s punishment (ten months of imprisonment and two years of suspended execution) against Defendant A constitutes a violation of the Licensed Real Estate Agent Act, inasmuch as only the licensed real estate agents prescribed in the Real Estate Agent Act may act as a broker, and thus, Defendant A’s act of mediating such a contract constitutes a violation of the Licensed Real Estate Agent Act.
2. Prior to the judgment on the grounds for appeal by Defendant B’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months at the Incheon District Court on September 4, 2014 and one year of suspended execution for fraud, and that the said judgment became final and conclusive on November 28, 2014.
Since the crime of fraud and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act
3. The grounds for appeal by the defendant A