logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.01.21 2015노2532
공인중개사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, result, etc., the sentence imposed by the lower court is unreasonable and unfair, on the ground that the Defendant’s deposit of KRW 6.5 million for the client E, the Defendant led to the confession of the instant crime, and repent of his mistake, and the Defendant did not have any particular criminal record, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., was committed.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting an offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(1)10, and Article 33 subparag. 3 of the Act on the Report of Real Estate Transactions (Amended by Act No. 12374, Jan. 28, 2014; Act No. 12374, Jan. 28, 2014; Act No. 12135, Jan. 10, 201; Act No. 3360, Mar. 3

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow