beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 13, 1971, the Defendant, C (Death on April 23, 2005), D (Death on May 6, 1991), and E completed the registration of ownership transfer in the sole name with respect to the instant real estate after completing the registration of ownership transfer in the form of 1/4 shares of F forest No. 8,463 square meters (hereinafter “instant real estate”). The Defendant completed the registration of ownership transfer in the sole name with a confirmation issued pursuant to Article 10 of the Act on Special Measures for the Registration, etc. of Real Estate Ownership by fraudulent means as follows.
1. The act of deceiving another person to prepare a false guarantee and causing another person to do so does not constitute a donation of all their respective shares in the real estate from D, C, and E around April 15, 190.
However, around December 2006, the Defendant: (a) made a false statement that he received shares of the instant real estate from G, H, and I, a farmland member, from E, etc.; and (b) made the false letter of guarantee that “I, H, and I believe that the instant real estate is currently being donated and owned by A (the Defendant) from the owners registered in the (land and forest building) ledger from April 15, 1990, jointly and severally guaranteed that A (the Defendant) actually owned the instant real estate.”
Accordingly, the defendant deceiving G et al. to prepare a false guarantee.
2. On December 27, 2006, the Defendant, who exercised a false guarantee and received a written confirmation by false means, prepared an application for issuance of a written confirmation to the effect that the Defendant currently owns the instant real estate upon donation at a civil petition office and office for the viewing of Ycheon, etc. Around April 15, 190, G et al. submitted to the public official in charge with a false guarantee as described in paragraph (1) attached. Around February 27, 2007, he/she was issued one copy of the written confirmation as above from the YM market without knowledge of such fact.
Accordingly, the defendant exercises a false guarantee and makes a false guarantee.