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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
1. On May 3, 2012, the Defendant: (a) purchased land of 261.4 square meters (hereinafter “instant land”) from D in Kimhae-si, Kimhae-si on December 22, 2010; (b) completed the registration of the transfer of ownership by lending the said B’s business title to E; and (c) newly constructed three-story buildings with the steel-refluor roof (hereinafter “instant building”) on the said ground, the Defendant was the sole owner of the instant building under an agreement that B would be exempt from joint ownership.
No one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.
Nevertheless, on May 3, 2012, the Defendant completed the registration for the preservation of ownership of the instant building in the name of the said E at the Changwon District Court Kimhae-ro, 167, Changhae-si, Kimhae-si, and the Defendant completed the registration in the name of the said E
2. On July 14, 2014, the Defendant agreed that, under the circumstances where the employees of B were to divorce with E and transfer the ownership of the instant land and the instant building, he/she is unable to obtain a sufficient loan to secure the instant land and the instant building by means of a low credit rating, and that he/she has lent his/her her her her her her her her her son F and her son’s ownership transfer registration on the instant land and the instant building.
No one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.
Nevertheless, around July 14, 2014, the Defendant completed the registration of the transfer of ownership of the instant land and buildings in the name of the said F, from the said Changwon District Court Kimhae registry office.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016) as to facts constituting an offense, and Articles 7(1)1 and 3(1) (Punishment)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.