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(영문) 서울남부지방법원 2013.08.29 2013노626
공정증서원본불실기재등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (two years of imprisonment) is too unreasonable.

Therefore, the crime of each of the crimes of this case is very poor, in light of the fact that the defendant, according to the title trust agreement with the victim F, has completed the registration of ownership transfer in the name of F (hereinafter referred to as the "the building of this case") with the victim F, by putting together the trust of the victim F, and completing the registration of establishment of a mortgage of the maximum debt amount of 130 million won and 260 million won in the building of this case, embling the building of this case, and making the registration of cancellation of the right to lease in the name of H, which was located in the building of this case through deceptionation, by embling the building of this case, and making the registration of cancellation of the right to lease on a deposit basis in the name of H, which was located in the building of this case. The defendant was not properly divided from the investigation agency to the court below to the court below, and the defendant was consistent with the vindication's defense without reaching an agreement with the victim F.

However, it was concluded that the Defendant’s mistake was recognized as a whole of each of the instant crimes, and the Defendant continued to endeavor to recover the damage, and the procedure for registration of cancellation was implemented on July 2, 2013, as well as the procedure for registration of cancellation of the registration of the establishment of a right to lease on a deposit basis (Seoul District Court Decision 2012Ga7746) filed against the Defendant, and it was concluded that H restored of the registration of the cancellation of the right to lease on a deposit basis revoked on May 23, 2013, which was concluded on May 24, 2013. Accordingly, the Defendant paid 12 million won to H on May 24, 2013, and only agreed that H was wanting to take a preference against the Defendant; the real estate auction procedure for the instant building is in progress upon the application of the National Bank of Korea Co., Ltd., a right to collateral security.

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