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(영문) 수원지방법원 2020.07.23 2020노2603
부동산실권리자명의등기에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects his mistake in depth, closed a corporation established by the defendant to operate the business of receiving profits through resale of land, the defendant suffers from urology, etc., the defendant has no criminal records other than sentenced to a fine once due to the crime of violating the Food Sanitation Act, and the defendant's children and her wife wanted her wife against the defendant.

However, the Defendant established the so-called “Planning Real Estate Company”, F, and H to acquire farmland by selling it to the general public, and obtained a false qualification certificate for acquisition of farmland in collusion with co-defendants. In fact, the Defendant completed the registration of ownership transfer in its name as if Co-defendants purchased the farmland purchased by F and H. In light of the motive, method, etc. of the crime, the crime of title trust of real estate is very poor, and it is highly likely that the act of title trust of real estate would be abused as a means of evading speculative tax evasion, as well as detrimental to the real estate transaction order, and the act of obtaining a false qualification certificate for acquisition of farmland will be done in full view of the purpose of the Farmland Act to ensure the management stability of farmers through efficient use and management of farmland in principle. It is highly necessary to punish the Defendant. The gains from resale acquired by the Defendant from the crime of this case reach approximately two billion won, and the Defendant’s age and equity in sentencing, Defendant’s environment, character and behavior, Defendant’s environment, motive, motive, circumstance, and circumstances after the crime of this case.

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