The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The judgment of the court below which found the Defendant guilty on the ground that the registration of the name B related to the above housing was the registration under the name of the title trustee pursuant to the title trust agreement, although the Defendant was not the actual owner of the above housing, since the person who purchased the three-story multi-household house on the ground of Mapo-gu Seoul Mapo-gu Seoul H ground (hereinafter “instant house”) from misunderstanding of facts, was erroneous in the misapprehension

The punishment (three million won of fine) imposed by the court below on the defendant is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① A transferred the title of the instant house from G is limited to the transfer of the ownership of the instant house by receiving a request from the investigative agency and the court of original judgment; ② the Defendant is the actual owner of the instant house at the time of the investigation by the prosecutor’s office; ② the Defendant is the actual owner of the instant house at the time of the investigation by the prosecutor’s office; ② the Defendant was registered as the bad credit holder around 2005 because the credit card price was overdue; ② the Defendant was registered as the actual owner of the instant house; ③ the statement at the prosecutor’s office selling the instant house was likely to be subject to seizure; ③ the statement at G’s office that sold the instant house was made with the Defendant by introducing an known person while he was applied for a compulsory auction on the said house; and the Defendant was able to solve any problem by negotiating the ownership transfer with the landowner, and later, he was aware of the ownership transfer.