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(영문) 대전지방법원 2015.11.19 2015고합252
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 30, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc., a deadly weapon, etc.) in the Daejeon District Court’s subdivision support and the judgment was finalized by the Supreme Court on March 31, 2015.

The execution of a sentence is premised on the final judgment, and the execution of a sentence is not immediately executed. Thus, even if the defendant was released by the revocation of detention on February 15, 2015, it shall not be deemed that the execution of the sentence was completed immediately. The defendant completed the execution of the sentence only on March 31, 2015, which committed the crime of 2 through 5 that was committed after the release, and the crime of 2 through 5 that was committed after the release does not constitute a repeated crime.

【Criminal Facts】

1. The Defendant in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act is a person who operates a real estate brokerage office in the name of “D” in Chungcheongnam-nam, Chungcheongnam-si.

Any person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent registration authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

Nevertheless, around May 23, 2014, the Defendant, without registering the establishment of a brokerage office at the above place and without registering the establishment of the brokerage office, mediated the real estate sales contract with the content of selling the F and two parcels (total of 6,468 meters) other than 117,00,000 won to G, and operated the brokerage business after obtaining KRW 7,50,000 from E as a brokerage commission.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was committed on June 17:34, 2014 on the grounds that the Defendant reported the victim H (age 52) to the Defendant’s desire and 112. On the same day, around 22:30 on the same day, the Defendant released the victim from prison by revocation of detention around February 15, 2015 while he was detained for eight months due to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the first instance trial after finding the house of the victim and destroying the entrance, etc. due to damage to his view.

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