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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (legal scenarios) did not accurately state the grounds for the alteration of rights in a written confirmation, etc.
Even if the registration of the name of the defendant conforms to the substantive legal relationship, it cannot be punished as a violation of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate. The crime of false entry in the original copy of a notarial deed and the crime of exercising such rights is not established separately where the crime of violation of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate in Special Relations with the above crimes
B. When taking into account the various circumstances against the Defendant, the sentence of imprisonment (one year of imprisonment and two years of suspended execution) of the lower court is deemed unreasonable.
2. Determination on the grounds for appeal
A. Although the Defendant alleged the same purport in the lower court’s determination as to the Defendant’s assertion of misapprehension of the legal doctrine, the lower court rejected the Defendant’s assertion on the grounds of detailed reasons (Articles 14 to 7, 4, 14, and 7, the lower court’s decision) under the title “determination on the Defendant and his defense counsel’
The circumstances cited by the court below, i.e., inasmuch as the substantive descriptions on the grounds of alteration of rights do not fit the truth, they constitute false confirmations, etc. on the violation of the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (see, e.g., Supreme Court Decision 96Do1484, Aug. 23, 1996). In addition, in light of the difference between the protected legal interest and specific elements of a crime, each crime of the defendant's assertion cannot be deemed to be in a legal concurrence
Even if the registration is to conform to the substantive legal relationship or is valid registration that conforms to the substantive legal relationship, the crime of false entry in the authentic copy of the authentic deed and its exercise is established.