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(영문) 청주지방법원 제천지원 2017.09.14 2017고정57
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

On March 20, 2007, the Defendant drafted a certificate of guarantee to the effect that the Defendant, even though there was no purchase of the said land from C on or before June 30, 1995, purchased the said land from C on March 20, 1994, and actually owns it from time to time.

On November 8, 2007, 295, the Defendant submitted an application for issuance of a certificate accompanied by a letter of confirmation stating false matters to the public official in charge of viewing and obtaining a written confirmation. On January 24, 2008, the Defendant applied for registration of preservation of ownership to the public officials belonging to the above machinery, along with a certificate of confirmation issued by false means, at the mechanical office, such as Cheongju District Court 53, Cheongju District Court 53, Cheongcheon-ro, Cheongju District Court 53, supra.

Accordingly, the defendant received a written confirmation by false means, and exercised the above written confirmation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E and F;

1. Statement of the police statement related to G;

1. A complaint filed by G;

1. Each fact-finding certificate and certification of seal imprint of H, I, J, K, L, and M;

1. A report on investigation (teleline investigation) and a report on investigation (a false confirmation to the effect of guarantee);

1. A copy of a certificate of all registered matters;

1. Application of Acts and subordinate statutes to an application for issuance of a written notification of the written confirmation, an application for issuance of a written confirmation, a written guarantee, an application for a certificate of unregistered facts, a field investigation report,

1. Relevant legal provisions concerning facts constituting an offense, Article 13(1)1 of the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Former Real Estate (Effect), Article 13(1)5 of the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Effect of False Certification), and the selection of fines, respectively;

1. The punishment prescribed in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the crime is heavier than the punishment prescribed in the Act on Special Measures for Registration, etc. of Transfer of Ownership due to the exercise of a false certificate of issuance;

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