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(영문) 대구지방법원 2013.11.15 2013고단3246 (1)
사기등
Text

Defendant

A shall be punished by a fine of KRW 3 million and by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. No person who is a defendant A shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

The Defendant delivered KRW 2,00,00 to B for the foregoing reasons, even though he did not sell the land under the name of D to B, the Defendant offered that only the name of the owner of the said land will be transferred to B. The Defendant obtained KRW 2,00,000 from the Defendant and consented thereto on July 11, 201, and completed the registration of ownership transfer of the said land under the name of B, “the cause for the sale on June 27, 201.” Accordingly, the Defendant registered the real right to real estate under the name of the title trustee pursuant to the title trust agreement. The Defendant is not obliged to register the real right to real estate under the name of the title trustee pursuant to the title trust agreement. The Defendant received KRW 2,00,000 from A even though he did not purchase the land under the name of North-gu, the Defendant acquired KRW 2,00,000 from A, and agreed to transfer only the name of the owner of the said land to the name of the Defendant, and purchased and sold the said land around July 1, 21, 2017.

Accordingly, the Defendant registered the real right to real estate in the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of an investigation report;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

(b) Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name

1. Selection of each alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant from March 30, 2010 to the same year.

4. By the end of December, 196, studio construction to the victim D.

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