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(영문) 서울중앙지방법원 2013.03.15 2012고합1513
배임수재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a certified public appraiser who operates D (hereinafter referred to as D).

1. On April 2012, the Defendant received a request from the director of G Bank (hereinafter “G Bank”) to the effect that “the Defendant would pay the price higher than the appraised value as the appraised value is required by G Bank, and the case cost would be paid if the G Bank issues a false appraisal report retroactively on the date of appraisal.”

According to the above E’s request, the Defendant intentionally conducted a false appraisal, including intentionally conducting a false appraisal on the following occasions: (a) the fact at the office D office of Gangnam-gu Seoul Metropolitan Government (301) around Apr. 2012, 201, although the normal appraisal of the forest and fields is equivalent to KRW 300 million, the appraised value was KRW 718,636,80, Nov. 28, 201; and (b) the preparation date was described on Dec. 5, 201; and (c) the Defendant intentionally conducted a wrong appraisal on six occasions in total, such as the list of crimes in the annexed sheet.

Accordingly, the Defendant conspiredd with the above E, and intentionally conducted an erroneous appraisal at least six times as an appraisal business entity.

2. On April 2012, the Defendant: (a) received the aforementioned illegal solicitation from the D Office in the middle of the police officer’s office in violation of the Public Notice of Values and Appraisal of Real Estate Act and the receipt of false appraisal consideration; (b) issued a false appraisal report under the name of the D head office six times in total as prescribed in paragraph (1) in violation of his/her duties; (c) on April 2012, the Defendant received KRW 8 million from the said D Office, which was delivered by the said H to E, in return for the said false appraisal.

Accordingly, the defendant is a certified public appraiser belonging to D in collusion with E.

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