beta
(영문) 광주지방법원 순천지원 2015.04.16 2015고합18

부동산소유권이전등기등에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around January 10, 1995, the Defendant did not purchase the 8,095 square meters of D Forest land in Goung-gun, Goung-gun from C. On July 4, 2007, the Defendant prepared a false guarantee to the effect that “the Defendant purchased the said forest land from C around January 10, 1995,” and received the signature and seal of the guarantor E, F, and G, and submitted the said guarantee certificate to the public official in charge in order to issue a written confirmation on the said guarantee certificate at the Goung-gun Office on July 24, 2007.

1. On September 28, 2007, the Defendant was issued a written confirmation with the purport that “the Defendant purchased the forest land as seen above from C around January 10, 1995,” by means of a false manner, at the High Military Office.

2. On October 11, 2007, the Defendant submitted a certificate issued in a false manner to the public official in charge of registration at the Cheongcheon Branch Office of the Gwangju District Court of Gwangju District and exercised the certificate as if it were actually issued.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, F, and G;

1. Application of Acts and subordinate statutes to letter of guarantee, written application for issuance of written confirmation, and full certificate of matters to be registered;

1. Article 13 (1) 1 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was enacted by Act No. 7500 on May 26, 2005 and partially amended by Act No. 8080 on December 26, 2006, and the effective period has expired on December 31, 2007; hereinafter “Special Measures Act”), Article 4 of the Addenda, Article 13 (1) 5 and 1 of the Act on Special Measures, Article 13 (1) 5 of the Act on Special Measures, Article 4 of the Addenda, Article 13 (1) 5 and 1 of the Addenda, Article 4 of the Addenda of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate,

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.