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(영문) 광주지방법원 목포지원 2013.07.04 2012고합207
부동산소유권이전등기등에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around August 3, 2007, the Defendant, even though there was no fact that the Defendant was inherited from the husband E, who died of 15 lots of land, such as Hapyeong-gun, Hapyeong-gun, Ma, etc. in the new area of Hapyeong-gun, Ma, the Defendant, by deceiving the guarantor F, G, and H, and had the Defendant prepare a false guarantee.

2. Around August 2007, the Defendant issued an application for the issuance of a letter of confirmation under the Act on Special Measures for the Registration, etc. of Real Estate Ownership to the above land by submitting the certificate falsely prepared to the public official in charge.

3. On August 2007, the Defendant submitted a false certificate of guarantee to the public official in charge of the Hamyeong-gun located in the Hamyeong-gun, Chungcheongnam-gun, Chungcheongnam-do and received a false certificate in a false manner on the said land.

Summary of Evidence

1. Part of the statement of the defendant in the second protocol of trial;

1. Each statement made by the witness F and I in the second protocol of the trial;

1. Each part of the fourth trial records of witness H, G and J;

1. Each part of the fifth trial records in the witness K, L and M;

1. Application of Acts and subordinate statutes, such as a certified copy, land cadastre, guarantee certificate, and written application for confirmation;

1. Article 13 (1) 4 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was enacted by Act No. 7500 on May 26, 2005 and has expired on December 31, 2007; hereinafter the same shall apply), Article 4 of the Addenda of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, Article 13 (1) 5 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, Article 4 of the Addenda of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, Article 13 (1) 1 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, Article 4 of the Addenda of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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