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(영문) 창원지방법원 밀양지원 2013.05.31 2013고합2
부동산소유권이전등기등에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 5, 2007, the Defendant did not purchase from C the above D No. 1,739 square meters of a 992 square meters of a 1,739 square meters in the Defendant’s house located in Yangyang-si, the Defendant: (a) prepared a letter of guarantee on April 30, 1995 that he purchased from the said complainant; (b) obtained signatures and seals from the guarantor E, F, and G that he did not know of the fact; and (c) on February 15, 2007, the Defendant applied for the issuance of a written confirmation along with a certificate stating false matters, and received a written confirmation on April 30, 2007.

Accordingly, the defendant prepared a false guarantee and received a written confirmation by false means.

2. Around May 8, 2007, the Defendant filed an application for the registration of ownership transfer under the name of the Defendant with respect to the portion of 992/1739 square meters among the 1,739 square meters in Changyang-si Dayang-si Dayang-si Do, the Defendant submitted to the public official in charge of registration who is aware of the fact that it was issued with a false certificate and a false certificate as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 13 (1) 3 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500 on May 26, 2005 and effective period of December 31, 2007; hereinafter the same shall apply), Article 4 of the Addenda of the Act, 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, Article 13 (1) 5, 1, and 3 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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