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(영문) 의정부지방법원 2016.06.16 2016노659
공인중개사의업무및부동산거래신고에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The main reasons for appeal are that the sentence (15 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

Defendant

The above-mentioned punishment of the court below, which the court below decided against the defendant, is too unreasonable.

Judgment

In light of the purpose of the Act on the Business of Authorized Real Estate Brokers and Report of Real Estate Transactions in order to foster the sound real estate brokerage business through the enhancement of expertise of authorized brokerage business and the protection of the parties to the transaction, the defendant's act of running real estate brokerage business without registering the establishment of a brokerage office is not good.

The amount of fees that the defendant has received while running real estate brokerage business is not a few.

On the other hand, the defendant has no record of punishment for the same crime.

In full view of the above circumstances and other general sentencing conditions in the same and similar cases, such as the balance of the punishment of the defendant, the age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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