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(영문) 의정부지방법원 2018.06.20 2017고정2454
부동산실권리자명의등기에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

On June 15, 2010, when the defendant acquired apartment buildings from the Korea Land and Housing Corporation and the Nam-gu Incheon Metropolitan City 1111 Dong 1304, the defendant entered into a contract for sale and purchase with D to enter into a trust agreement with D to register the ownership of the above apartment in the name D, and on June 15, 2012, the defendant registered the transfer of ownership in the name of D in accordance with the trust agreement with the above name.

Accordingly, the Defendant registered the real right to real estate in the name of the trustee according to the title trust agreement.

Summary of Evidence

1. Statement made by the police against some of the defendant;

1. Statement made by the police for E;

1. A. According to the evidence stated in the judgment of the Incheon District Court, the decision of the court, and the preparation of the court (A. The defendant's apartment as stated in the judgment, it is recognized that the registration has been completed under the name trust agreement between D and the defendant's intentional act

B. Meanwhile, the defendant and his defense counsel asserts that the defendant's act constitutes Article 16 of the Criminal Code.

However, Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the law shall not be punishable only when there is a justifiable ground for misunderstanding. It does not merely mean a site of law, but it means that an act of misunderstanding that one's act constitutes a general crime, but it is generally accepted that it does not constitute a crime under the law, and if there is a justifiable reason to mislead misunderstanding of misunderstanding of misunderstanding of misunderstanding, it shall not be punishable (see Supreme Court Decision 2000Do1696, Jan. 25, 2002, etc.). Even in accordance with the assertion of the defendant and his defense counsel, the defendant is old whose name is registered in Japan.

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