부동산실권리자명의등기에관한법률위반
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
C, D is each trustee, defendant, who introduced C, and D to E, and E is a person who has been in charge of real estate registration-related affairs while working in the F Attorney-at-Law Office.
On April 2014, the Defendant introduced to the above E, who was entrusted with the ownership transfer registration, to ensure that ownership can be completed, such as a transfer of ownership, in the name of the said C (Seoul Yeonsu-gu G Apartment 501, 139, 140), and D (the said G apartment 601, 132, 137).
Accordingly, the Defendant has prevented H from registering the transfer of ownership in the name of the nominal trustee according to the nominal trust agreement.
Summary of Evidence
1. The defendant's legal statement (the second public trial date);
1. A protocol concerning the examination of suspect by the prosecution against C or D;
1. Copy of each prosecutor's statement protocol concerning E;
1. Investigation report (a copy of the contract for the purchase and sale of real estate submitted I attached thereto), application of Acts and subordinate statutes on transactions by account;
1. Article 7(2) and Article 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of each fine for a crime;
2. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;