(영문) 대전지방법원 2005. 4. 21. 선고 2005고단505 판결[국토의계획및이용에관한법률위반·부동산등기특별조치법위반][미간행]
Defendant 1 and one other
Conflict of Law
Defendants shall be punished by a fine of KRW 20,000,000.
In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period of 50,000 won converted into one day.
Defendant 2 is a person without a certain occupation, Defendant 1 is a person engaged in driving service, and on February 11, 2003, Defendant 2 was located in the land transaction permission zone designated and announced by the Minister of Construction and Transportation for five years from the 17th day of the same month, and Defendant 1 purchased forest land at 26,209 square meters located in the Chungcheong-gun of documents (land number omitted) with two hundred and twenty-six thousand square meters located within the land transaction permission zone designated and announced by the Minister of Construction and Transportation from the 17th day of the same month, and Defendant 1 cannot obtain land transaction permission because he did not meet the requirements for permission. In the event of transfer by means of donation, Defendant 2 made a donation contract, obtained the authorization of the authority, and made a resolution to register the ownership of the above land for "donation"
1. Without obtaining permission from the authorities:
Around July 20, 2003, at a cafeteria located in the mutual incompeti-gun of Chungcheongnam-gun on July 20, 2003, a land transaction contract was concluded to sell to Defendant 1 the above land owned by Defendant 2,209 (7,942 square meters) located in the land transaction permission zone for the sale of KRW 26,209 (7,942 square meters) to Defendant 1
2. Although, as described in the above paragraph (1) entered into a land transaction contract as described in the above paragraph (1) and filed an application for the registration of transfer of ownership with the "sale" as the grounds for registration, since the price was fully paid on August 20 of the same year, the non-indicted 1 at the office of non-indicted 1, located in 226-37 of the Mali-ri Do Council 226-37 of the same day on the same day, the non-indicted 2 made a donation contract as if the non-indicted 2, who was the mother of the defendant 2 donated the above land to the defendant 1 without compensation and obtained the approval seal of the head of postponed Gun on the 22th day of the same month, the Daejeon District Court of Chungcheongnam-gu Seoul Special Metropolitan City, the competent registry
1. Defendants’ legal statement
1. Investigation report (report attached to the contract, etc. of donation acceptance, permission zone, designation of land transaction permission zone, public notice and attached report, and report on the trends of market prices of the land sale and purchase);
1. Article applicable to criminal facts;
Article 141 Subparag. 6 of the National Land Planning and Utilization Act, Article 118(1) of the Criminal Act, Article 30 of the Criminal Act (the point of entering into a contract without permission, the choice of fines), Article 8 Subparag. 2 and Article 6 of the Act on Special Measures for the Registration of Real Estate, Article 30 of the Criminal Act (the point of entering into false statements in the grounds for registration,
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code
1. Invitation of a workhouse;
Articles 70 and 69(2) of the Criminal Code
Judges Kim Yong-deok