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(영문) 대법원 2017.05.30 2017도4280

부동산실권리자명의등기에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by the Defendants, the lower court found the Defendants guilty of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on nominal trust.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that the facts charged in the instant case against Defendant B constituted a case where there is no proof of crime regarding the fraud.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In contrast to the allegations in the grounds of appeal, there was no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the fraud, fraud, and deception in fraud.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.