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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee according to the title trust agreement;
Nevertheless, the Defendant entered into a title trust agreement with D on No. 1201 of the C Apartment No. 103, 12, 1201 when the Defendant purchased, and registered the transfer of ownership on the ground of sale due to voluntary auction on November 16, 2012 under the name of the title trustee D in relation to No. 103, No. 1201 of the C Apartment No. 103, No. 1201 in the Suwon District Court on November 16, 2012.
2. The Defendant, as stated in paragraph 1(1), had filed a request for auction to Suwon District Court Ansan Branch E with respect to Nos. 103, 12, 1201, Gidae-si, Gidong Co., Ltd., which held a title trust with D, and had been auction progress, sentenced to a false report on a right.
On June 17, 2013, the Defendant: (a) at the civil execution department and office of Suwon District Court’s Ansan Branch; and (b) from November 16, 2012 to November 20, 2012, the Defendant submitted a report on the right under the lien to the above court employees who are aware of the fact that the Defendant had concluded a construction contract with D with respect to the above subparagraph 1201 and executed the construction work; and (c) thereby hindering fair auction by fraudulent means, notwithstanding the fact that the Defendant could not exercise the right of retention, the Defendant could not exercise the right of retention.
B. On October 7, 2013, the Defendant submitted an immediate appeal petition attached to the lessee and the lessor D with the lessee’s lease agreement and obstructed the fair auction by fraudulent means, even though the Defendant did not have concluded a lease agreement with D and the Defendant’s son with respect to the above No. 1201.
Summary of Evidence
1. The defendant's partial statement in court and his defense counsel are involved in the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name.