Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. On June 24, 201, Defendant A entered into a title trust agreement with Defendant B to pay KRW 10 million to the second floor building newly built in Defendant B, Gyeonggi-gun C, and D at an unsound place. On February 27, 2012, Defendant A entered into a title trust agreement with Defendant B, and registered the real right to the real estate in accordance with the title trust agreement by completing registration of ownership preservation on the said building under Defendant B’s name.
2. Defendant B entered into a title trust agreement with Defendant A and completed registration of ownership preservation, as stated in the preceding paragraph, and entrusted the real right to real estate under the name of the title trust agreement.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to a written agreement or a certified copy of the register;
1. Defendant A of the relevant criminal facts applicable to the crime: Articles 7 (1) 1 and 3 (1) (Selection of Fines) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The registration of a title trustee’s name under a title trust agreement with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is likely to be abused as a means of speculation, tax evasion, or evasion of law. However, in the case of Defendant B, there is no benefit obtained from the instant crime, and instead is losses therefrom, there is no record of punishment for the same crime, and there is no record of the same crime, and Defendant B’s mistake is against his/her age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc., the punishment is determined as ordered by taking full account of all the sentencing conditions including Defendant B’s age