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(영문) 광주지방법원 2014.01.29 2013노2248

부동산실권리자명의등기에관한법률위반

Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of two million won is imposed on the defendants A, and a fine of one million won is imposed on the defendants B) declared by the court below to the defendants.

2. The judgment of the court below is against the defendants' confession of criminal facts, there is no other criminal records other than the suspended sentence once and the punishment four times for the crime committed against the defendant A, and the defendant B is recognized as the initial criminal, but there is a need to strictly regulate not only the act of title trust registration, such as the act of tax evasion by abusing the real estate registration system, but also the act of tax evasion and other anti-social acts such as evasion of speculative evasion, etc., which abuse the real estate registration system, but also obstructs the normalization of real estate transactions and the stability of real estate prices. The value of the real estate held in title trust is significant; the court below has already determined the punishment by considering the circumstances favorable to the defendants; the decision of the court below was made after the sentence was sentenced; there is no change of circumstances to be considered in the punishment after the sentence was made;

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.