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(영문) 대구지방법원 서부지원 2013.12.17 2013고단664

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

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

Nevertheless, in purchasing from C the land outside D and 21 lots (hereinafter referred to as “the above land”) owned by the Defendant, the Defendant entered into a title trust agreement with E to complete the registration of ownership transfer under the name of E, and around February 21, 2008, at the Cheongju District Court of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, 62-ro 51 (U. Nam-dong), the registration of ownership transfer of the above land was completed on January 6, 2008 by the Cheongju District Court of Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Each legal statement of witness F, E, C, G, and H;

1. Statement of the police statement regarding C;

1. Each accusation;

1. A written statement;

1. Before ruling: Criminal records, previous records of dispositions and results of confirmation, reports on personal records, current status of personal identification and confinement, application of Acts and subordinate statutes to investigation reports (Attachment to judgment against A by a suspect);

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.