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(영문) 의정부지방법원 2015.07.03 2014노3115
부동산실권리자명의등기에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized the criminal facts of this case and that the defendant has no record of punishment for the same kind of crime is recognized as a favorable condition to the defendant.

However, the crime of this case committed by the defendant is against the purport of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is intended to prevent speculation, evasion and evasion of law, etc. which abuse the real estate registration system by registering real right in the name of the actual right holder, and requires punishment corresponding thereto. The defendant, upon obtaining a title trust of the real estate of this case from B, borrowed the real estate of this case in the name of a third party under the name of the third party, and prepares a false loan application and a lease certificate, and the above community credit cooperative suffered considerable damage due to the failure to repay the loan. The defendant received 1,47 million won after deducting the existing obligation of succession and transfer expenses from the loan. The punishment records of this crime are significant. The circumstances after the crime are poor, such as the defendant's age, character and behavior, intelligence and environment as shown in the argument of this case, the process and content of the crime of this case, means and result, criminal records, and the value of the real estate held in title trust, etc. are not reasonable and reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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