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(영문) 광주지방법원 2013.04.05 2013고정224
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of one 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 goods related to real estate in the name of the title trustee pursuant to the title trust agreement.

Nevertheless, on December 30, 2009, the Defendant entered into a title trust agreement to lend his name to the real estate purchased by the B development president C while working for accounting at the Dong-gu Office of Gwangju, Dong-gu. In addition, on December 30, 2009.

On December 30, 2009, the Defendant purchased the E-building 489.63 square meters and site 498 square meters in the name of the actual owner, Jeonnam-gun, Seoul Special Metropolitan City, a D-owned place, and entered into a sales contract under the name of the actual owner C and entered into a sales contract under the name of the actual owner, and registered the transfer to the registry of Gwangju Special Metropolitan City District Court.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. All matters to be registered (the No. 4, 5 of the evidence list);

1. Application of the relevant details of transactions (Evidence Nos. 6 and 8) Acts and subordinate statutes;

1. Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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.

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