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(영문) 서울중앙지방법원 2018.08.16 2018노1092
주택법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various circumstances of the instant case, the lower court’s punishment (amounting to KRW 10 million) is too unreasonable in light of the gist of the grounds for appeal (unfair sentencing).

2. The judgment of the Defendant recognized and reflected the instant crime, the first offender, and the instant crime was conducted with premium of up to KRW 110 million within the period of restriction on resale, which is the status of being selected as the occupant of the housing subject to the upper limit of sale, and the Defendant appears to have no substantial benefit by cancelling the resale contract after committing the crime.

However, the crime related to the resale of the right to sell real estate has to promote real estate speculation, induce the increase of the price of housing, and disrupt the order of housing supply, and thereby causing the damage therefrom to the end-user of the house, the quality of the crime is not good, and the equity in sentencing should be taken into account. The lower court appears to have reduced the amount of fine for the first summary order in consideration of the above favorable circumstances of the Defendant, and there is no particular change in the sentencing conditions compared with the lower court. In full view of other various circumstances, including the Defendant’s age, sex, environment, the process of the crime in this case, and the circumstances before and after the crime, etc., the sentence imposed by the lower court is too unreasonable, and therefore, the above assertion by the Defendant is without merit.

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

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