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(영문) 인천지방법원 2017.01.13 2016노3966

부동산실권리자명의등기에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. Although there is a favorable condition for the defendant, such as the fact that the defendant recognized his mistake and speaks against himself, the fact that the defendant should consider equity with the case of being tried together with the case of being tried, as stated in the judgment of the court below, which is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, as well as the fact that the registration of real estate that does not meet the substantive legal relationship, such as the crime of this case, is highly likely to be abused as a means of tax evasion and evasion of law as well as to impair the normal real estate transaction order, and thus, the equivalent punishment is inevitable. Considering the fact that the number of real estate subject to trust in the name is not large, and the sentencing conditions stated in the argument of this case, such as the defendant's age, sex, behavior, environment, health conditions, motive, means and consequence of the crime, the number of times and consequence

3. According to the conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, on the ground that it is obvious that the Defendant’s appeal is a clerical error in the 3rd page of the judgment of the court below (Article 25(1) of the Rules on Criminal Procedure).