Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. On December 24, 2010, the Defendant filed an application for the registration of ownership transfer with sale on December 24, 2010 under the title trust agreement with F, the first floor value of the building No. 101, which is owned by the Defendant, for the registration of ownership transfer on December 24, 2010 with F, and had the employee in charge complete the registration of ownership transfer in the name of F.
Accordingly, the Defendant registered the ownership of real estate in the name of the title trustee F in accordance with the title trust agreement.
2. Around May 2012, Defendant B entered into a title trust agreement with the upper Defendant A to grant a donation of No. 101 on the first floor of the Geumcheon-gu E building in Busan, Geumcheon-gu, and to make a registration of ownership transfer under G in the name of the Defendant who was the Defendant’s Republic of Korea.
On May 17, 2012, the Defendant filed an application for the registration of ownership transfer with respect to the above commercial building on May 16, 2012, according to the title trust agreement with G, and had the employee in charge complete the registration of ownership transfer with respect to the above commercial building.
Accordingly, the Defendant registered the ownership of real estate in the name of G, a title trustee, according to the title trust agreement.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police statement of H;
1. Each fact-finding certificate of G and I;
1. Application of Acts and subordinate statutes to entire registered matters;
1. The Defendants of the relevant criminal facts and the choice of punishment: Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;
1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act