Text
A defendant shall be punished by imprisonment for four months.
Seized evidence 1 and 2 shall be confiscated, respectively.
Reasons
Punishment of the crime
On December 27, 2011, the Defendant was sentenced to six years of imprisonment for a crime such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court’s branch branch branch court, and the Defendant’s appeal is dismissed. On July 20, 2012, the appeal was dismissed on the same day, and the above judgment became final and conclusive on the same day, and appears to be the appearance of the Defendant’
1. Between January 28, 2010 and March 25, 2011, located in Gyeongnam-gun C; D Licensed Real Estate Agents’ Office and in an irregular manner, remove and alter the photographs attached to a certificate of qualification of a licensed real estate agent issued by the Busan Metropolitan City Mayor’s office;
2. At the same date, at the same place as above, the above photographs were removed and then the certificate of qualification of licensed real estate agent should be kept in the office and exercised.
Summary of Evidence
1. Legal statement of witness E;
1. The prosecutor's statement concerning the F;
1. A report on investigation (the sequence 14 of evidence list);
1. A petition of appeal or a written reason for an additional appeal;
1. Seizure records;
1. Licensed real estate agent:
1. Previous convictions in judgment: Investigation reports ( inquiry into a concurrent case against a person who has filed a complaint and attachment of judgment) (applicable to statutes;
1. Relevant Article 225 of the Criminal Act, the choice of punishment for the facts constituting an offense, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, and the choice of imprisonment, respectively;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination as to the assertion of Article 48(1)1 of the Criminal Act concerning confiscation
1. The alleged defendant did not alter the qualification certificate of licensed real estate agent of this case, and the defendant removed F's photograph from the qualification certificate of licensed real estate agent.
Even if it does not fall under the alteration itself, and since the certificate of qualification of licensed real estate agent submitted as evidence is unlawful in the process of collecting evidence, it is not admissible.
2. First of all, the qualification certificate of licensed real estate agents submitted as evidence has operated the D Licensed Real Estate Agent Office.