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Reasons
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(영문) 서울남부지방법원 2013.10.21 2013고정2542
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

On June 26, 2009, the Defendant was sentenced to a suspended sentence of two years for embezzlement, etc. at the Seoul Northern District Court on June 26, 2009, and the said judgment became final and conclusive on July 4, 2009.

1. Around June 2008, the Defendant purchased from B the Bupyeong-gu Incheon Bupyeong-gu C Apartment 6 and 408 (hereinafter “the instant real estate”) and concluded a title trust agreement with the Defendant’s mother-friendly D and the ownership transfer registration of the instant real estate under the name of D.

Around July 30, 2008, the Defendant applied for the registration of ownership transfer on June 21, 2008, the title of the real estate under the name of title trustee D, pursuant to the title trust agreement, after having filed an application for the registration of ownership transfer under the name of title trustee, which is the title trustee, to the staff in charge of Bupyeong-gu, Incheon.

2. Around June 2009, the Defendant concluded a title trust agreement with the Defendant to make a registration of ownership transfer under the name of E and this real estate.

Around June 15, 2009, the Defendant applied for the registration of ownership transfer on June 1, 2009, the title of the real estate under the name of title trustee E, according to the title trust agreement, by applying for the registration of ownership transfer under the name of the title trustee, which is the title trustee, to the staff in charge of Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. A written accusation, reference document, written judgment, etc., real estate sales contract, and certified copy of the register;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to defendants' legal statements and inquiry inquiry reports;

1. Article 7 (1) 1 and Article 3 (1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (wholly amended by Act No. 10203, Mar. 31, 2010);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 of the Criminal Act for the confinement of a workhouse.

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