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(영문) 인천지방법원 2013.08.23 2013노1914

부동산등기특별조치법위반등

Text

The judgment below

Of the crimes table I against Defendant A and B, the sequence 28 through 88, 97 through 142, 163 through 170 among the crimes table I against Defendant A and B.

Reasons

1. After remanding the case, among the facts charged in this case, that the defendant A and B violated the Act on Special Measures for the Registration of Real Estate in the Attached Table I against the defendant A and B, 27, 89 through 96, 143 through 162, 171 through 178, among the facts charged in this case, and that the violation of the Act on Special Measures for the Registration of Real Estate in the Attached Table III among the crimes committed in the Attached Table III, 1,2,3,5, 24, 25, 39, 40, 46, 49 through 54, 59, and 62 against the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act was remanded to the court below prior to remand, but the prosecutor's appeal was remanded to the court below, but the acquittal became final and conclusive by dismissal.

Therefore, the scope of the trial after remanding the case is limited to the remaining guilty part of the judgment of the court below excluding the convicted part of the judgment of the court below (of the judgment of the court below, the violation of the Act on Special Measures for the Registration of Real Estate in Attached Table I against Defendant A and B, No. 28 through 8, 97 through 142, 163 through 170, 179 through 194, the fact that the false entry of the authentic copy of the authentic deed, the fact that the false entry of the authentic copy of the authentic deed, and the fact that the authentic entry of the authentic copy of the authentic deed in Attached Table III, Nos. 4, 6 through 23, 26 through 38, 41 through 45, 47, 48, 5 through 58, 60, and 61 of the Act on Business of Licensed Real Estate Agents and Report of Real Estate Transactions, and the violation of the Act on Registration

2. Summary of grounds for appeal;

A. Regarding the misconception of facts and misapprehension of legal principles regarding the violation of the Act on Special Measures for the Registration of Real Estate, Defendant A and B are not registered in relation to the violation of the Act on Special Measures for the Registration of Real Estate. As to the violation of the Act on Real Estate Agents' Affairs and Report of Real Estate Transactions, Defendant A and B are merely engaged in the sale agency contract by making a certain amount of money out of the sale price to the owner and collecting the remainder from the owner as a commission (so-called "purchase agency contract"), and there was no unregistered resale in other way after purchasing the loan from the owner.