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(영문) 대법원 2015.09.10 2015도9416
부동산소유권이전등기등에관한특별조치법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that the Defendant was guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on false guarantee certificates under the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate or by misapprehending the bounds of the principle of free evaluation of evidence.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the defendant, the argument that the amount of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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