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(영문) 수원지방법원 2014.07.23 2014고단1564

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 12, 2008, the Defendant entered into a sales contract with the owner E to purchase the land price of 2,635 square meters in the name of 3,90,000,000 won, which is the head of the Defendant, in the name of 3,90,000 won.

The above answer was a situation that was located within the land transaction permission area and could not be registered under the name of the defendant residing in Ansan-si.

Accordingly, the defendant entered into the above sales contract with the consent of D by the decision that the registration was completed in the name of D residing in the time of harmony.

On August 13, 2008, the following day following the contract, the defendant completed the registration of transfer of ownership in the name of D at Suwon District Court Seosung registry office through a certified judicial scrivener.

Accordingly, the Defendant registered the ownership of real estate in the name of D according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to all matters registered;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On July 24, 2009, the summary of the facts charged is subdivided into C 2,635 square meters into C 462 square meters, F 650 square meters, G 826 square meters, H 301 square meters, and I 396 square meters.

On June 10, 2009, the Defendant sold C land to J in KRW 100 million, and around March 4, 2010, sold part of C land and H land to K and L in KRW 135 million, along with J.

In the above process, the Defendant prepared a contract under the name of D, which was an act by implied consent of D.

The above sales contract was null and void because it did not obtain land transaction permission. However, the Defendant assumed the obligation corresponding to the purchase price of the above land to the above L.

Therefore, if the defendant sells the above real estate in double or provides it as security, it is nominal.