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(영문) 서울고등법원 2013.08.12 2013노1143
배임수재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is in violation of the Public Notice of Values and Appraisal of Real Estate Act due to false appraisal (hereinafter “the instant real estate”), and the part of the Defendant is in violation of the Public Notice of Values and Appraisal of Real Estate Act, as indicated in the attached list of crimes

There is no fact that there was no false appraisal with respect to the instant real estate, and there was no conspiracy with E or H to make a false appraisal. An appraisal conducted by the Defendant with respect to the instant real estate was conducted on the basis of the location, topography, surrounding environment, potential of development, etc. of the said real estate. (ii) The fact that there was a violation of the Public Notice of Values and Appraisal of Real Estate Act following the receipt of false appraisal consideration, and the fact that the Defendant received an appraisal of the instant real estate in breach of trust, eight million won which the Defendant received an appraisal of the instant real estate is a legitimate fee for the appraisal and is not an unjust payment based

Therefore, in violation of the Public Notice of Values and Appraisal of Real Estate Act (hereinafter “Real Estate Public Notice Act”), the Defendant received compensation in addition to fees and actual expenses.

shall not be deemed to have received money or valuables in violation of the duty.

B. The sentence imposed by the court below on the defendant (one year of imprisonment with labor, two years of suspended execution, additional collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that: (a) according to the following circumstances acknowledged by comprehensively taking account of the evidence adopted by the lower court, six written appraisal under the name of the headquarters (hereinafter “instant appraisal report”) was a false appraisal report prepared by the Defendant intentionally in a manner that excessive appraised values and retroactively states the appraisal date, etc.

(1) The circumstances in which the Defendant was requested to appraise and the result of appraisal (1) the G Bank’s director H.

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