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(영문) 대구지방법원 2013.09.26 2013노1035
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date when this judgment has become final.

Reasons

1. In light of the gist of the grounds for appeal (as to the guilty part of the judgment of the court below), the punishment sentenced by the court below (as to six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Article 323(1) of the Criminal Procedure Act provides that "the facts to be prosecuted shall be specified" as grounds to be specified in the judgment of conviction. Thus, the omission of facts constitutes "when reasons are not attached to the judgment" under Article 361-5 subparag. 11 of the Criminal Procedure Act.

According to the records of this case, the court below committed the violation of law that affected the judgment by omitting the attachment of the "Attached List of Crimes" recorded in the criminal facts column, thereby not specifying the criminal facts.

Therefore, the guilty portion of the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the Defendant’s assertion of unfair sentencing, since the aforementioned grounds for reversal exist in the conviction part of the judgment below.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as shown in each corresponding column of the judgment of the court in addition to the addition of the attached list of crimes and the summary of the evidence. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 of the relevant Act and Articles 48 subparagraph 1 and 9 (1) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning facts constituting an offense, and Articles 48 of the Act on Report of Real Estate Transactions (generally

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a violation of the legislative purpose of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, which contributes to the protection of people's property rights by enhancing the public confidence of real estate brokers and establishing a fair real estate transaction order. Therefore, the nature of the crime is good.

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