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(영문) 서울동부지방법원 2014.01.24 2013노1178
부동산실권리자명의등기에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of KRW 100 million is imposed on the Defendants (a fine of KRW 100 million, Defendant B: a fine of KRW 200 million) declared by the lower court against the Defendants.

2. The Defendants recognized their mistakes, Defendant A was the first offender with no criminal force, and Defendant B did not have any other criminal force as a result of the crime of injury in 2006. However, the Defendants violated the Act on the Registration of Real Estate under Actual Titleholder’s Name, which was enacted to prevent the Defendants from committing any anti-social acts, such as the evasion of real estate speculation tax evasion for the purpose of seeking economic benefits, and the economic benefits of the Defendants are very large. In addition, taking into account the various circumstances, such as the motive and background leading up to the instant crime, the means and consequence of the commission of the crime, the conditions before and after the commission of the crime, the Defendants’ age, character and conduct, occupation, occupation, and family relation, the punishment imposed by the lower court is too unreasonable.

3. In conclusion, the defendants' appeal is without merit and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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