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(영문) 대전지방법원 2016.11.17 2016노2509
주택법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The court below's determination that the defendant confessions all the facts constituting the crime of this case, and that there was no criminal power exceeding the suspended sentence is favorable to the defendant. However, the crime of violation of the Housing Act, such as this case, impairs the fairness and efficiency of supply of multi-family housing, and inflicts substantial damage on the unspecified number of people who intend to actually move into multi-family housing, and thus requires strict punishment. In addition, an act of a non-licensed real estate agent receiving fees pursuant to a brokerage commission payment agreement concluded while running real estate brokerage business without registering the establishment of a brokerage office in violation of the Acts and subordinate statutes related to real estate brokerage business, is likely to undermine the fairness of real estate transaction order by promoting speculative legal transactions. Considering the fact that the transaction price of real estate subject to the main regulation of the Acts and subordinate statutes related to real estate brokerage business is relatively high, mediating real estate transactions with expertise in light of the fact that such transaction price is relatively high, thereby preventing an accident in real estate transaction in advance and guaranteeing damages arising from guarantee insurance, etc. even if an accident occurs, and thus, requires excessive restriction on the individual property interests and convenience of citizens.

3. Conclusion.

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