beta
(영문) 의정부지방법원 2014.05.22 2014고정66

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant purchased KRW 170,000,000 from C for the purpose of investing in E-Ba 404, which is located outside of Eunpyeong-gu Seoul, Seoul, around November 28, 2007, for the purpose of tax evasion, the Defendant entered into a title trust agreement with the Defendant as the title truster and the title trustee; and on January 15, 2008, the Seoul Western District Court registered the real right to real estate under the name of F, the title trustee, in accordance with the title trust agreement. < Amended by Act No. 874, Jan. 15, 2008>

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning G;

1. Written accusation and preparatory documents;

1. Application of Acts and subordinate statutes concerning details of transactions and entire registered matters;

1. Article 7(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010); Articles 3(1)1 and 3(1) of the same Act concerning criminal facts; the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;