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Reasons
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(영문) 창원지방법원 밀양지원 2011.04.29 2010고합54
부동산소유권이전등기등에관한특별조치법위반 등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 shall apply.

Reasons

Punishment of the crime

The Defendant: (a) was issued a written confirmation with the content that the said land was donated on January 1, 1986 to the 863 square meters, both of which were donated to Si, Gun, Gyeong-gun, without having been donated to Si, on or around January 1, 1986; (b) decided to transfer the said land under the Act on Special Measures for the Registration,

On August 2, 2006, the Defendant: (a) drafted a false letter of guarantee that the Defendant was donated the farmland members of this Chapter F, G, and H from the Party F, G, and H, who were farmland members of this Gun; (b) drafted a false letter of guarantee that the Defendant was donated the farmland members of this 863 square meters from the Do; and (c) at the public service center of the Si/Gun/Gu, the public official who was not aware of the fact, was issued a false certificate by submitting the said letter of guarantee to the public official in charge, who was not aware of the fact, on August 31, 2006, after obtaining a confirmation of the same content as the said letter of guarantee.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of I, J, K, and F;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I, F, G, and H;

1. A complaint;

1. Application of the Acts and subordinate statutes to the certified copy of register, letter of guarantee, and written confirmation;

1. Article 13(1)1 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; Act No. 8080, Dec. 31, 2007; hereinafter “Special Measures Act”); Article 4 of the Addenda to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., circumstances leading to the instant crime);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In full view of the evidence duly admitted and investigated by this Court, the following facts are recognized.

A. The Defendant’s Chon-gun L was 863m2 (hereinafter “instant land”) and M.

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