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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
The pronouncement of sentence against B shall be suspended.
Reasons
1. The judgment of the court below against the defendants (the defendant A: the fine of 3,000,000 won, the fine of 2,000,000 won) is too unreasonable.
2. Determination
A. It is true that Defendant A does not seem to have committed the instant crime for the benefit of an individual, but there is a favorable circumstance such as the first offender who has no criminal history.
However, the Defendant’s crime of this case is against the purport of the Act on the Registration of Real Estate under Actual Titleholder’s Name to prevent speculation, evasion of taxes, evasion of laws, etc. which abuse the real estate registration system by registering real right in the name of the person having the actual right, and to promote normalization of real estate transactions and stabilization of real estate price, and requires punishment corresponding thereto. In full view of all the sentencing conditions stated in the pleadings of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, and the value of real estate trusted in trust, the Defendant’s above assertion is not reasonable
B. It is true that there is a need for punishment corresponding to the act that goes against the purport of the Act on the Registration of Real Estate under Actual Titleholder's Name to the defendant, but the crime of this case is led by the defendant A, and the defendant is expected to bring about the crime of this case due to his special relation. It seems that there is little economic profit from the crime of this case, and there is no economic profit from the crime of this case, and the risk of lending the real estate of this case to the bank in its own name as collateral, and there is no criminal complaint about this case, and there was a request for the church of this case to transfer the registered name of the real estate of this case to another person over several times before the criminal complaint concerning this case is filed.