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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. The crime of this case is against the legislative purpose of the "Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions" to contribute to the protection of people's property rights by enhancing the credibility of real estate brokers and establishing a fair real estate transaction order. However, the crime of this case is not somewhat unreasonable. However, the defendant has no record of punishment for the same kind of crime in the past, and is contrary to it, and most of all, the defendant returned 5 million won as a result of the crime of this case to I in the trial of the first instance, and agreed with I and I. It is not sufficient that the defendant has a health condition as class 2 of the respiratory disorder, and the defendant must support children who are in the early lebane disease of this case. In full view of the motive and circumstance leading to the crime of this case, the defendant's age, character and behavior, environment, etc., the punishment of the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 48 subparagraph 1 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act concerning the facts constituting the crime, and Article 30 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;