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Defendant
A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 4,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
No one shall register any real right to real estate in the name of a trustee pursuant to the title trust agreement.
1. Defendant A:
A. On April 28, 2008, around 149 square meters of Pyeongtaek-si E site and its ground mentbroblue 61.09 square meters of housing of 61.09 square meters and roof single-storys of brick slves, and 21.78 square meters of housing of 21.78 square meters from F, and entered into a trust agreement with G in the name of son, and entered into with G as trustee in the name of G, and completed the registration of transfer of ownership on the 3rd day of the same month in the name of Suwon District Court on the 28th day of the same month, and completed the registration of transfer of ownership on the 3rd day of the same month in the name of the trustee.
Accordingly, the defendant violated the Act on the Registration of Real Estate under Actual Titleholder's Name.
B. Around June 2012, after entering into a trust agreement in the name of B and B with respect to the housing in the name of B and B, the ownership transfer of which was registered under the name of G, the same year.
7. 24. The same year in the name of Suwon District Court from the division of registration of housing site sources B;
6.22. The house was registered in the name of the trustee by completing the registration of ownership transfer by reason of its sale.
Accordingly, the defendant violated the Act on the Registration of Real Estate under Actual Titleholder's Name.
2. Defendant B violated the Act on the Registration of Real Estate under Actual Titleholder’s Name by completing the registration of transfer of ownership in the name of the Defendant under a trust agreement, such as “1-B” at the same time and at the same place as “1-B.”
Summary of Evidence
1. The protocol concerning the interrogation of the Defendants to the prosecution
1. The protocol concerning the interrogation of each police suspect against the Defendants
1. Statement made by the police with H;
1. It can be acknowledged that the Defendants committed a trust in the name of the Defendants as criminal facts when comprehensively considering the facts acknowledged as follows, such as replies, copies of bankbooks, real estate transaction contracts, certified copies of registry, recording notes, photographs, contract acceptance contracts, and transaction details in response to an order to submit financial transaction information;
(1) Defendant.