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(영문) 대전지방법원 2017.06.15 2016노3437
공인중개사법위반등
Text

The judgment below

The parts against the Defendants are reversed.

Defendant

A A. Fines 8,00,000,000, Defendant B.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (for defendant A: 8 months of imprisonment, 2 years of probation, 2 years of probation, 2 years of probation, 2 years of probation, 10 months of imprisonment, 2 years of probation, 2 years of probation, 2 years of probation, and 3 years of probation) is too unreasonable.

2. Each of the crimes committed by the Defendants is not likely to undermine the order of the housing market by inducing abnormal increase of the housing price and promoting speculation, thereby impairing the stability of the housing price, and thus, the quality of such crime is not good. The number of crimes committed by the Defendants or profits acquired by committing the crime is not small.

However, it seems difficult for the Defendants to take advantage of the fact that the Defendants are both trying to commit their own crimes, Defendant A and B are first offenders, and Defendant H had no criminal records exceeding the same kind and fine. At the time of the crime of this case, among officially-built apartment buildings in Sejong City, various intermediary acts such as this case frequently occur among the officially-established apartment buildings at the time of the crime of this case, and thus, it is difficult for the Defendants to take advantage of the suspicion. However, if the Defendants are sentenced to a suspended sentence or a heavier punishment, there are favorable circumstances for the Defendants, such as the Defendants’ age, sex, environment, motive, consequence, and consequence of the crime, and equity with the knowledge of similar death, such as the following sentencing conditions, the sentence of the lower court is too unfair.

3. As such, the Defendants’ appeal is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below against the Defendants is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each of the corresponding columns of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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