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(영문) 서울북부지방법원 2014.05.22 2014고정28
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant agreed to make an investment of KRW 40 million with C from November 2007 to sell real estate again after purchasing the real estate and distribute profits in half the profits by selling it again. The Defendant jointly with C around June 26, 2008, Dobong-gu Seoul Metropolitan Government No. 1 (E Borrowing No. 101, 45.20 square meters) and the same year.

9.3. Around March, 200, a title trust agreement was entered into with the registration of ownership transfer for each of the above real estate in the name C, when purchasing each of the same Flaman 201 square meters (5.40 square meters).

On September 9, 2008, the Defendant completed the registration of ownership transfer with respect to 1/2 shares of Defendant 1/2 relating to EF Loans 101 in the name of the above C, and around the 11st of the same month, the Defendant completed the registration of ownership transfer with respect to 1/2 shares of Defendant 1/2 relating to FF Loans 201 in the name of the above C, and completed the registration of ownership transfer under the name of the trustee C

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police interrogation protocol of G and H:

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to reporting the details of banking transactions;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for Crimes and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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