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The judgment below
Defendant C, D, E, F, G, and H are reversed.
Defendant
C. As regards C, D, E, F, G, and H, each.
Reasons
1. The summary of the grounds for appeal is that each sentence against the Defendants (a fine of three million won is imposed on each of the Defendants C, D, F, G, and H: 2.5 million won of each fine, and a fine of one million won: Defendant E) is too unreasonable.
2. Determination
A. Defendant A and B are all aware of the instant crime and are against their mistake.
The above defendants seems to have committed the crime of this case for L through the descendants of the clan.
These circumstances are favorable to the above Defendants.
On the other hand, Defendant A had been subject to a disposition of suspended sentence for the same crime in 2010.
Although civil disputes arise between the inheritors of each land owner and the clans to which Defendant A and B belong with ownership transfer registration, the above Defendants made the guarantor prepare a fact-finding and other guarantee different from the purport of the above Act by using the Act on Special Measures for the Registration, etc. of Real Estate Ownership, and obtained a false confirmation through which they completed the registration of ownership transfer concerning each land of this case, thereby weakeninging the public trust in land transaction and enhancing the risk of infringement on personal rights.
Part of the inheritors of each of the instant land owners want to be punished against the Defendants.
These circumstances are disadvantageous to the above Defendants.
In full view of such circumstances and circumstances as Defendant A and B’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, each sentence against the above Defendants is too unreasonable.
B. Defendant C, D, E, F, G, and H are residing in the relevant real estate location for more than a certain period in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate.