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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is the internal director of the Company B and the owner of 12,384 square meters of forest land C in Jeju-si (hereinafter “C forest”), and the Plaintiff is the owner of 7,870 square meters of forest land D in Jeju-si (hereinafter “D forest”).
On September 2016, the Defendant came to know that it is difficult to obtain a building permit because the said forest land was not adjacent to the road, while preparing the building permit procedure for C forest land around September 2016, the Defendant was able to transfer part of the ownership of D forest land owned by B, a road connected to the above forest land, to its own ownership formally, but again return it to its original state after obtaining the building permit.
Therefore, the Defendant did not purchase KRW 13,530,90 of the ownership shares of D forest land from B in the purchase price of KRW 13,870,00 from B. However, on September 26, 2016, without having purchased KRW 13,530,90, the Defendant: (a) prepared a real estate transaction agreement on September 26, 2016; and (b) filed an application for registration of partial transfer of ownership of D forest land on September 26, 2016 under the Defendant’s name with regard to KRW 1,219, 7,870 of the ownership shares of D forest land in the Jeju registry located in the five-lane North Korean city in Jeju, Jeju; (c) filed an application for registration of partial transfer of ownership; (d) filed a false real estate transaction agreement with the competent registrar who is aware of such fact; and (d) recorded false information with the competent registrar in the electronic records of all electronic records; and (e) kept it in the electronic records without delay.
Summary of Evidence
1. Partial statement of the defendant;
1. A complaint filed by E;
1. A certificate of all matters to be registered (C at the time of proposal);
1. A certificate for all matters to be registered (D in the Jeju);
1. A certificate of all the registered matters (stock company B);
1. A report on a real estate transaction contract;
1. Judgment of Jeju District Court No. 1 civil division (2016Na 6941);
1. Application of the articles of incorporation of corporation B;
1. Relevant provisions of the Act concerning facts constituting an offense;