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(영문) 대법원 2013.11.14 2013도7461
부동산실권리자명의등기에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court determined that the Defendant’s guilty part of the charges was recognized on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court did not err by misapprehending the legal doctrine on the registration of title trust in the offense of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name, but is therefore justified. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the registration of real estate under Actual Titleholder’

2. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted the Defendant on the ground that the statute of limitations has expired as to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, stated in the annexed crime list Nos. 1 through 7, 9 through 21, 24 through 26, 28 through 30, 32 through 46, 48 through 58, 60, 61, 64 through 68, 70, 74 through 81, and 84 through 91 among the facts charged in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as to blanket crimes, contrary to the allegations in the grounds of appeal.

On the other hand, the prosecutor appealed the guilty portion of the judgment below, but there is no specific ground of appeal as to the appellate brief or appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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