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(영문) 인천지방법원 2018.10.12 2018노2527
부동산실권리자명의등기에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Each of the crimes of this case, which is subject to the judgment, is not against the nature of the crime in light of the method, type, and scale of damage, etc.

After committing each of the crimes in this case, the Defendant had attempted to escape by tracking the investigation agency.

However, the Defendant made a confession as a substitute for each of the crimes in this case, and repented of the mistake.

In the case of each fraud of this case, the total amount of damage was recovered.

As the Defendant appears to have caused each of the crimes of this case on the premise that the real estate stated in the facts constituting the crime of this case in the judgment below is in fact owned by himself, there are some circumstances to consider the circumstances.

It is necessary to consider the equity in the case of being tried at the same time as a judgment has become final and conclusive.

The defendant has been able to live in prison for a certain period of time.

In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair. Thus, the Defendant’s above assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 13713, Jan. 6, 2016); Articles 347(1) and 30 of the Criminal Act (amended by Act No. 13713, Jan. 7, 2017); and Articles 347(1) and 30 of the Criminal Act (amended by Presidential Decree No. 2).

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