공인중개사의업무및부동산거래신고에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.
2. According to the ex officio determination records, the Defendant, at the Daegu District Court racing support on July 3, 2014, was sentenced to imprisonment for one year and three months for the crime of fraud, fabrication of private documents, or uttering of a falsified document, and the judgment became final and conclusive on January 15, 2015.
Since the crime of this case is related to the crime subject to which judgment has become final and 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 in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the court below is omitted in the process
Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading
Criminal facts
The summary of the facts constituting an offense and the evidence admitted by this court is identical to each corresponding column of the judgment below, except for adding "the defendant was sentenced to one year and three months from July 3, 2014 to the crime of fraud, fabrication of private documents, and uttering of the above investigation documents in the Daegu District Court racing support on July 3, 2014, and the judgment became final and conclusive January 15, 2015" to the first head of the facts constituting an offense as indicated in the judgment of the court below. Thus, it is cited as it is in accordance with Article 3
Application of Statutes
1. Article 48 Subparag. 1 and Article 9(1) of the Act on Business Affairs of, and Report on, Real Estate Transactions by, the former Licensed Real Estate Agent and Report of Real Estate Transactions (Amended by Act No. 11943, Jul. 17, 2013); the selection of fines concerning facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant did not repeat the crime by closing his office, etc., against the mistake of the crime; and (b) the instant crime was committed on January 15, 2015.