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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s mother of mistake or misapprehension of legal principles completed the principal registration procedure based on the provisional registration of the right to claim ownership transfer registration in the name of the Defendant on December 8, 2001 with respect to land owned by the Defendant on or around February 11, 201, Nam-si, Nam-si, Seoul Special Metropolitan City, which was owned by the Defendant, on or around February 11, 201. However, the completion of the principal registration procedure based on the above provisional registration is not false transfer, but is not false, and even if at the time, D had no risk of undermining the obligee due to other assets sufficient to secure the obligee’s execution, the lower court found the Defendant guilty of the facts charged in the instant case to be erroneous
B. The punishment imposed by the lower court (three million won of a fine) is too heavy.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged [1] D’s property relationship] The Defendant’s mother, the E-do 4,893 square meters, F 202 square meters, G 747 square meters (hereinafter “instant real property”), Nam-si, Nam-si, Nam-si, the mother of the Defendant, acquired the ownership of the instant real property on March 6, 1985. On February 2, 2000, H, a false land, as a collective security right, established a collective security right with a maximum claim amount of KRW 150 million, with a view to evading debts in preparation for a lawsuit related to the property at Jeonnam-do, and completed the provisional attachment on March 24, 2001, on the same day with the establishment of a collective security right with a maximum claim amount of KRW 40 million,000,000,0000,000 for the instant real property under the name of the victim. Defendant 28,201.
B. On October 1, 1992, Nam-gu J-gu, J-gu, has acquired ownership of the said forest on October 1, 1992. At the time, K as a mortgagee and set the right to collateral security on the basis of maximum debt amount of KRW 50 million.