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(영문) 제주지방법원 2019.02.14 2019노1
공인중개사법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable, and therefore, the defendant did not have the same criminal records, and deposits KRW 30 million to the AC Association at the court of the same time and KRW 10 million to F, respectively, and the defendant's mistake was divided in depth and again makes it impossible to commit such a crime, and other circumstances that are the conditions for sentencing specified in this case, the above argument is justified, since the punishment imposed by the court below against the defendant is deemed unfair.

Therefore, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Violation of the pertinent statutory provisions on criminal facts: Articles 49(1)10 and 33 subparag. 3 of the Licensed Real Estate Agents Act, and Article 30 of the Criminal Act: Fraud under Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act: The fact of fraud under Article 347(1)2 of the Criminal Act: The fact of exercising a private document under Article 231 of the Criminal Act: The fact of exercising a private document under Articles 234, 231, 34(1), and 31(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act for community service;

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