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(영문) 수원지방법원 2017.09.22 2017고단2058

부동산실권리자명의등기에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall register any real right to real estate in the name of a trustee under the title of the trust agreement.

On January 30, 2013, the Defendant: (a) filed a registration of ownership transfer under the name of B, a trustee under the trust agreement in the name of B, even though the person having the actual right to the land was the Defendant, in the Suwon District Court’s indictment for equality in Yangyang-gun, Gyeyang-do; (b) on January 30, 2013, the Defendant registered the ownership transfer under the name of D, the name of the trustee in the name of B; and (c) as indicated in the attached list of crimes in the attached list of crimes, the Defendant transferred the ownership under the name of D and E, the name of the trustee.

Summary of Evidence

1. A protocol concerning the examination of suspects of the accused, D, or E by the prosecution;

1. Each investigation report (Submission of evidentiary data by a suspect), investigation report (Submission of a criminal suspect and real estate sales contract);

1. Application of Acts and subordinate statutes governing registration;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name concerning the facts constituting the crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The assertion and judgment of the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument is that the Defendant: (a) registered the transfer of ownership in the name of his own name under the name of his own when the ownership of real estate cannot be transferred and borrowed; and (b) obtained the loan under the name of his wife D and D E-mail; and (c) the Defendant jointly conducted the business with them and conducted the business with them, and thus, does not constitute a trust under the name.

2. Determination 1) The nominal trust agreement stipulated in the Act on the Registration of Real Estate under Actual Titleholder’s Name refers to an agreement between the real right holder of the real right to real estate and another person that the real right holder holds the real right to the real estate internally, but the registration thereof is to be made in the name of another person.

2) In this case, the Defendant is running a real estate development project in the name D and E.