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(영문) 서울중앙지방법원 2015.12.10 2015고단3785
부동산가격공시및감정평가에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] On March 15, 2013, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Public Notice of Values and Appraisal of Real Estate Act at the Seoul Central District Court, and the said judgment became final and conclusive on November 14, 2013.

【Criminal Facts】

An appraisal business entity shall conduct an appraisal in a fair and sincere manner in performing his/her duties, and shall not conduct an appraisal by intention or gross negligence.

The defendant is the representative director of F Co., Ltd.

The Defendant received a request from H, an operator of G, to “a request for evaluation of KRW 9,982,50,000, based on the price after creating a housing site in the future, such as a factory site and a housing site, in order to provide the above real estate as a security necessary for trading with J, a stock company,” as to the first and second parcels of land.

On January 21, 2011, the Defendant intentionally conducted an erroneous appraisal by preparing a false appraisal report, such as making a false statement on January 18, 2011 and the date of preparation on January 21, 2011, in the name of M, which is the appraiser of the FF L branch of the FF branch of the FF branch of the Seoul Gangnam-gu Seoul Metropolitan Office, even though the normal appraisal of the said forest is equivalent to KRW 1,387,382,00, the normal appraisal of the said forest is equivalent to KRW 9,534,880,000, and the price is equal to KRW 9,534,80,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of N or M;

1. Statement of the police officer concerning theO;

1. Each appraisal report (F, P), a written request for appraisal, or an investigation report for special purposes;

1. Criminal records: Criminal records, inquiry reports, investigation reports (period of suspension of the execution of a suspect), and copies of each judgment shall apply;

1. Relevant Article 43 of the Public Notice of Values and Appraisal of Real Estate Act and Articles 43 subparagraph 4 and 37 (1) of the Public Notice of Values and Appraisal of Real Estate Act and selection of imprisonment with labor

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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