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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;
Nevertheless, around September 2012, the Defendant anticipated the attachment from the tax office due to the default of value-added tax on F apartment 101 Dongdong-gu, Busan, which is owned by E and E (84.90 square meters) in the office located in Geumcheon-gu, Busan, to entrust the above apartment with the name of the Defendant. On October 17, 2012, the Defendant agreed to entrust the above apartment with the name of the Defendant. On October 22, 2012, the Busan District Court and the Busan District Court had the employees of the certified judicial scrivener office located in the Busan, which is located in the Busan, to submit documents necessary for the completion of the registration of ownership transfer at the Busan, the Busan, the Busan, the District Court and the Busan, the Busan, submitted documents necessary for the registration of ownership transfer in the name of the Defendant
2. On October 8, 2013, while the Defendant was in custody of the above apartment in the name of the victim E, the Defendant entered into a real estate sales contract for selling the said apartment at H located in Busan Seo-gu G with the purchase price of KRW 240 million, and embezzled by completing the registration of ownership transfer of the said apartment in the name of the said Busan Busan District Court on December 3, 2013 without the consent of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of suspect examination of J and I;
1. Each statement of E;
1. A complaint;
1. Application of statutes on a certified copy of register;
1. Relevant Article 355(1) of the Criminal Act concerning facts constituting an offense, Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the choice of a fine for negligence (see, e.g., the fact that an apartment embezzled by the defendant is returned to the victim again and the damage
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;