All appeals by prosecutors are dismissed.

A. Prosecutor 1) In the first instance court’s determination of facts or misapprehension of legal principles, the deceased D’s family members were 863 square meters prior to C, Gyeong-gun, Gyeong-gun (hereinafter “instant land”).

Although recognizing that there was no donation, the Defendant’s assertion that U.S., South Korea, the deceased D, would return the instant land was fully trusted, and recognized that the registration of ownership transfer in the name of the Defendant on the instant land was a registration consistent with the substantive relationship, and thus, acquitted the Defendant as to the fraudulent entry in the original of the authentic deed and the exercise of the original of the authentic deed in the instant facts charged. Such judgment of the first instance court was erroneous by misapprehending the facts or by misapprehending the legal principles. (ii) The sentence (three million won of a fine) imposed on the Defendant of unreasonable sentencing is unreasonable and unreasonable.

B. The Defendant (definite or misunderstanding of legal principles) was initially determined by the Defendant’s assistance, but not yet registered, and thereafter, the registration of ownership transfer was completed in the future of the Republic of Korea by the network D without permission.

After that, in around September 1986, the network D was to return the instant land to each of the Defendant after his death of the network D. Thus, it cannot be said that it was false that the Defendant received the instant land from the network D, namely, the content of the guarantee issued and submitted by the Defendant.

However, the first instance court found the Defendant guilty of violating the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “Special Measures Act”) on December 31, 2007 on the premise that the content of the above guarantee is false.

The first instance judgment is erroneous by misapprehending the legal principles or erroneous by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant runs away the instant land.