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(영문) 광주고등법원 2014.01.17 2013노452
부동산소유권이전등기등에관한특별조치법위반
Text

The judgment below

The preparation and event of a false letter of guarantee and issuance of a false certificate.

Reasons

1. The summary of the prosecutor's grounds for appeal of this case is that a person who directly obtains economic benefits due to the registration of ownership transfer of this case is the defendant, the defendant sold and commercialized this case's land around July 2008, and C can find the fact that the defendant committed the crime of this case by gathering in advance with C, in full view of the circumstances such as the fact that the person who directly acquired economic benefits due to the registration of ownership transfer of this case's ground for appeal of the prosecutor, and that the person who sold and commercialized this case's land around July 2008, and that the person's health is not very good, and C was able to look together together with the person's mother and the defendant. Since the person's mother and the person's mother were not good, C was forced to leave the defendant. L was stated to the fact that the defendant committed the crime of this case by gathering in advance with C.

2. Ex officio determination

A. Before determining the prosecutor’s assertion of mistake of facts, we examine ex officio whether the statute of limitations has lapsed on the violation of the Act on Special Measures for the Registration, etc. of Ownership Transfer due to the preparation and exercise of false certificates among the facts charged in the instant case and the issuance of false certificates.

B. The summary of the violation of the Act on Special Measures for the Transfer of Real Estate Ownership, etc. due to the preparation and exercise of a false letter of guarantee among the facts charged in the instant case, and the issuance of a false letter of confirmation by false means, together with C (Death on May 4, 201), the Defendant, around March 15, 1990, intended to prepare a false letter of guarantee as if he purchased the instant land from D and make a registration of ownership transfer in the future of the Defendant using a false certificate issued based thereon, even though the Defendant, around March 15, 1990, purchased the land of this case from D (hereinafter “instant land”).

(1) The preparation and exercise of a false letter of guarantee and C has purchased the instant land from D around March 7, 2006.

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