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(영문) 서울북부지방법원 2015.01.23 2014노1426
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession of and reflect against the instant crime; and (b) the Defendant has no criminal record, other than the fine due to the crime of immigration around 2001.

However, the crime of this case goes against the legislative intent of the Real Estate Brokerage Act that enhances the public confidence of real estate brokers and contributes to the protection of people's property rights by establishing a fair real estate transaction order, and in light of the frequency of the brokerage of this case and the amount of fees, etc., the crime of this case is not less complicated (the defendant asserts that the defendant acquired only KRW 7 million or KRW 8 million out of the commission due to the brokerage of this case and paid all the remainder to the net C. However, there is no evidence to acknowledge it, and in light of the fact that the defendant did not make the above statement at the investigation time point, it is difficult to believe the above argument in light of the defendant's motive for the crime of this case, character and behavior, environment, family relationship, circumstances after the crime of this case, etc., the defendant's punishment against the defendant is too unreasonable. Thus, the defendant's assertion is without merit.

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

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