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(영문) 창원지방법원 2015.01.28 2014노2411
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (2,500,000 won of fine) is too unreasonable.

2. The crime of this case was committed by the Defendant without registering the establishment of a brokerage office and labeling and advertising of the object of brokerage even though the Defendant was not a broker. It was favorable for the Defendant to recognize all of the crimes of this case as the principal offender and reflect it.

However, the crime of this case is 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 its nature is not less than that of the crime. The statutory punishment of the crime of this case under paragraph (1) is a imprisonment of not more than three years or a fine not exceeding 20 million won, and the statutory punishment of the crime of this case under paragraph (2) of the crime of this case is defined as imprisonment of not more than one year or a fine not exceeding 10 million won, respectively. In full view of the favorable circumstances mentioned above, the court below imposed a relatively minor fine within the scope of each above statutory punishment, taking into account the above favorable circumstances, it is difficult to view that the court below's punishment is unfair because of the following factors as a whole.

Therefore, 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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