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(영문) 대구지방법원 서부지원 2013.05.15 2013고정307
부동산실권리자명의등기에관한법률위반
Text

Defendant

B shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 700,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B was sentenced to 4 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu District Court on April 18, 2012, and the above judgment was finalized on August 31, 2012.

1. Defendant B shall not register any real right to real estate under the name of the title trustee according to the title trust agreement;

On June 11, 2010, the Defendant is a de facto mortgagee who entered into a mortgage agreement on land of 2102 square meters in the office of Daegu-gu, Daegu-gu, Inc. and the said company, E, Chungcheongnam-dong, Chungcheongnam-do.

Nevertheless, on June 16, 2010, the Defendant made the registration of establishment of a mortgage establishment in the name of Cheongju District Court, Young-dong, Dong-dong, Dong-dong, Dong-dong, 306, Cheongju District Court, Young-dong, Dong-dong, Dong-dong, Dong-dong, and the establishment of a mortgage establishment on the said real estate

Accordingly, the Defendant registered the real right to the said real estate under the name A, a title trustee, according to the title trust agreement.

2. Defendant A had a real right to the said real estate registered under the name of the title trustee, according to the title trust agreement, by allowing the registration of the establishment of a neighboring mortgage under the Defendant’s name as prescribed in paragraph (1)

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against F, and accusation;

1. A certified copy of real estate register or a mortgage contract;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

B. Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

1. Defendant B who handled concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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