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(영문) 부산지방법원 2017.07.13 2017노309 (1)
주택법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The decision of the court below (the fine of KRW 3,000,000) against the Defendants on the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the Defendants are recognized, such as the fact that the Defendants led to the confession of the instant crime and reflects in depth the mistake, Defendant C, D, and E are the first offender without criminal punishment so far, and Defendant A, F, and G are not having good health conditions due to delay.

However, the crime of this case is deemed to have received 81 bonds and 214 bonds of general supply by inviting persons with disabilities who can subscribe to the savings certificate and special supply in collusion with a certified broker L, persons with distinguished service to the State, persons with multi-child, etc. to subscribe for the general supply. The crime of this case is highly serious in light of the criminal facts such as the background, frequency, and method of the crime. The crime of this case is fair in the process of new apartment sale, damage to bona fide users, damage to real estate speculation, and disrupt housing supply order. It is highly necessary to eradicate the crime through strict punishment. The Korean Criminal Procedure Act, which takes the trial-oriented principle and direct care, has unique areas of deliberation in determining sentencing, and there is no change in sentencing compared with the first instance court, and where the sentencing of the first instance court does not go beyond the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do2638, Jul. 23, 2015). 205.

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