Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

1. Around April 15, 2013, Defendant A purchased real estate of KRW 231.7 square meters and of KRW 79.84 square meters of a building in Cheongju-si, Cheongju-si, and KRW 130 million from E, even though the Defendant purchased real estate of KRW 231.7 square meters of the F site in Cheongju-si, Cheongju-si, and KRW 79.84 square meters of a building, the Defendant was unable to obtain a loan because the Defendant’s credit was not good, and the Defendant entered into a title trust agreement with B, which was known in Pyeongtaek-si around April 24, 2013, and completed the registration of ownership transfer on the said site and building in the name above.

2. Around April 24, 2013, Defendant B registered the above site and building under the title trust agreement in the name of the Defendant at the same time and at the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A copy of a real estate sales contract and a certified copy thereof;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fine);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;