공인중개사의업무및부동산거래신고에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.
2. The instant crime includes the name of B Co., Ltd., a licensed real estate agent in appearance, but in fact, the Defendant did not perform brokerage assistance duties as a staff member of B Co., Ltd., but did not seem to have committed an offense, such as posting an advertisement of the object of brokerage, etc., and the nature of the offense is not somewhat weak. The Defendant was sentenced to a fine of 1.5 million won on May 9, 2012 due to a violation of the Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act, and was sentenced to a fine of 1.5 million won on three occasions. In full view of the Defendant’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.
[Application of Acts and subordinate statutes] Each “Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions” in the original judgment is clear that it is a clerical error in the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agents’ Act”) and thus, it is correct ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.