부동산소유권이전등기등에관한특별조치법위반
Defendants shall be punished by a fine of 2.5 million won.
In the event that the Defendants did not pay the above fine, only 100,000 won.
Punishment of the crime
1. The defendant A or B shall not be issued a written confirmation provided for in Article 10 (1) of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate by fraudulent means;
Nevertheless, the Defendants conspired to act in collusion on October 17, 2007, and the facts in the residence of Defendant A located in Jinju-si on February 10, 1984 are stated as “I” in the indictment of real estate in the Republic of South and North Korea-gun on February 10, 1984. However, according to the records, this is deemed as a clear clerical error of “F” and thus, it is corrected without any amendment of the indictment.
Notwithstanding the absence of the fact that the certificate was received, the application for the issuance of the certificate was accompanied by a certificate of the same content, and the certificate was issued by the public official in charge of the office of South and North Korea.
As a result, the Defendants conspired to receive a written confirmation by false means.
2. No person who accused C shall prepare a false certificate of guarantee prescribed in Article 10 (2) of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate;
Nevertheless, around October 17, 2007, the Defendant drafted a false certification of the fact that there was no fact that Defendant A and Defendant B donated real estate located in the Namnam-gun F on February 10, 1984.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol of suspect examination of G police officers;
1. The police statement of H;
1. A complaint;
1. Application of Acts and subordinate statutes to a full certificate of registered matters, application for issuance of written confirmation, and guarantee;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A and Defendant B: Article 13(1)1 of the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate ( enacted by Act No. 7500 on May 26, 2005 and the effective period has expired on December 31, 2007; hereinafter the same shall apply), Article 4 of the Addenda, and Article 30 of the Criminal Act
B. Defendant C: Article 13(1)3 of the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate.