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(영문) 서울중앙지방법원 2013.07.18 2013노1620

부동산실권리자명의등기에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. Although there are extenuating circumstances such as the fact that the defendant had no record of punishment prior to the instant case, the fact that the defendant recognized his mistake and reflects his depth, the crime of this case harms the normal real estate transaction order by registering in violation of the substantive legal relationship. The value of the real estate trusted by the defendant, the court below seems to have imposed the punishment by reducing the summary order of a fine of KRW 4 million in consideration of the above favorable circumstances for the defendant, and there are no special circumstances or changes in circumstances that may be considered for sentencing newly after the pronouncement of the judgment of the court below, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered as the grounds for appeal, the defendant's assertion is not accepted since it is unreasonable to the extent that the sentence of the court below should be reversed even if all of the circumstances alleged as the grounds for appeal are considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.