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(영문) 춘천지방법원 2017.11.29 2017고단547

부동산실권리자명의등기에관한법률위반

Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for six months.

except that this judgment.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to one year and six months of imprisonment for fraud, etc. at the Chuncheon District Court on May 4, 2011, and completed the execution of the sentence at the Chuncheon District Court on May 18, 2012. Defendant D was sentenced to one year of imprisonment for habitual fraud at the Seoul District Court on May 10, 2013 and completed the execution of the sentence at the Daegu District Court on January 2, 2014.

[Criminal facts]

1. On December 29, 2014, Defendant A, Defendant B, and Defendant C entered into a contract with the Defendant B, the agent of the K judicial scrivener office located in Chuncheon City I 2, in selling KRW 2,645 square meters (hereinafter “instant land”) of Lancheon-si Lan City 7,952 square meters (hereinafter “M, N2 parcel after division; hereinafter “the instant land”) owned by the Defendant A to K Co., Ltd. for sale of KRW 520 million. Defendant A and Defendant B sold the instant land to a person who did not have any property to avoid the high-amount transfer income tax, on condition that they sold KRW 11,00,000,000,000 from the purchase price to K Co., Ltd. for sale of KRW 52,00,000,000,000,000,0000,000,000 won, on the condition that Defendant B received the ownership transfer registration from the Plaintiff.

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

around February 24, 2015, the Defendants prepared a written contract to sell the instant land to D at KRW 110 million, despite the fact that the Defendants were to purchase the said land in accordance with the trust agreement in the above name of the judicial scrivener office around February 24, 2015.

2. In the registration division of the Chuncheon District Court located in 284, 25, the land of this case was sold to D, the trustee.