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(영문) 서울동부지방법원 2015.08.19 2015고정1057
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 7,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On June 16, 2011, the Defendant entered into a title trust agreement with B, and completed the registration of ownership transfer in the name of each of the Defendant on land D, E, and F, Leecheon-si purchased by B.

B. On June 24, 2011, the Defendant concluded a title trust agreement with B, and completed the registration of ownership transfer on G land under the name of the Defendant when B purchased.

2. Defendant B, around July 28, 2010, purchased forest land located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and entered into a title trust agreement with I and completed the registration of ownership transfer in the name of I. From that time to December 5, 201, Defendant B registered ten times in the name of the title trustee, as shown in the separate crime list, from that time, until December 5, 201.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each prosecutor's protocol of suspect examination of J, K, L, M, N, and I (including the part contained in the prosecutor's protocol of suspect examination of N in the prosecution);

1. Application of a certified copy of each registry, a sales contract or any statute;

1. Relevant provisions of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Defendant A: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Judgment on the assertion of Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act

1. The facts charged that Defendant B acquired real estate under the name of another person as stated in the facts charged in the instant case with an intention to avoid the provision on the restriction on the lending limit per person of a financial institution, and acquired the loan from a financial institution by means of borrowing the loan under the name of another person, which is the Seoul Eastern District Court.

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