(영문) 의정부지방법원 2015.02.06 2014노1442

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.02.06 2014노1442

부동산실권리자명의등기에관한법률위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The judgment real estate title trust crime is an act causing confusion to the national administration, and the fact that the scale of the real estate that the defendant was entrusted with the name is not small is disadvantageous to the sentencing.

However, in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the instant crime, the sentence of the lower court is too unreasonable, in view of the following: (a) the Defendant led to the confession and reflect of the instant crime; and (b) the Defendant did not have any benefit from the instant crime; and (c) the illegality of such an act is not found to have been strongly recognized; and (d) the sentencing conditions indicated in the record are

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to the facts constituting an offense, and Articles 7 (2) and 3 (1);

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

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act are as stated in the grounds for reversal of the provisional payment order.

참조조문

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