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(영문) 대구지방법원 2018.09.14 2018노1675
공인중개사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. The judgment appears to have no economic benefits that the Defendant directly acquired through the instant crime; the Defendant recognized the instant crime and reflects it; and the Defendant appears not to have any significant risk of re-offending by closing down the office of the certified broker after the instant crime, is favorable to the Defendant.

The crime of this case is committed under the name similar to a certified broker even though he is working as a certified broker at the office of the certified broker operated by the defendant Cho Jong who is the defendant, and is not a certified broker, and he is paid money exceeding the statutory remuneration after the real estate sales contract was arranged. The nature of the crime is not weak.

This is disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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