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(영문) 부산지방법원 2017.01.12 2016고정2512

부동산실권리자명의등기에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

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

1. Defendant A was sentenced to a suspended sentence of one year and six months from the Busan District Court on March 13, 2014, and the judgment became final and conclusive on November 27, 2014.

A. On February 10, 2012, Defendant A agreed to entrust the ownership of 1120 building D in the name of the Defendant’s wife E in the name of the Plaintiff’s title, which was purchased from the Busan High-gu Construction Corporation, Busan High-gu, Busan High-gu.

B. On March 21, 2012, Defendant A agreed to entrust the Defendant’s ownership of No. 1811 of the said D building purchased from the Construction Co., Ltd. with the name of B, and completed the registration of transfer of ownership in the name of B.

2. Defendant B entered into a trust agreement with Defendant A on No. 1-B, as above, on the D Building No. 1811 purchased by Defendant A at the same time, and completed the registration of ownership transfer in its name.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Some statements concerning the suspect examination protocol of the defendant A or B by the prosecution;

1. Some statements made in the suspect interrogation protocol concerning E by the prosecution;

1. Some statements made in the police interrogation protocol concerning F, G, H, and I;

1. Statement made by the police to J or K;

1. Investigation reports (including investigation reports, accompanying documents of suspect E-Interrogation protocol, and accompanying documents);

1. Investigation report (a copy of the statement protocol, etc. of a witness L), investigation report (to hear statements from a witness Lone);

1. Certified copies of donations, such as donations and investigation reports (a copy of a certificate for all registered matters);

1. Investigation report (to attach a copy of confirmation document to suspect B telephone conversations and payment certificate of acquisition tax);

1. Investigation report (Attachment to a summary order, etc.), investigation report (verification of summary prosecution cases, such as fabrication of suspect A private documents, etc.) and investigation report (Attachment to a suspect A judgment);

1. Previous convictions: References to criminal history (A) and application of Acts and subordinate statutes to criminal records (Attachment to a criminal suspect A written judgment);

1. Criminal facts;