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(영문) 창원지방법원 마산지원 2017.06.16 2017고정225
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 2,00,000 won, respectively.

The above fines are imposed by the Defendants.

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.

1. On August 27, 2014, the Defendant: (a) at the D administrative agency office located in Changwon-si, Changwon-si, Changwon-si; (b) at the D administrative agency office located in Changwon-si, Changwon-si; (c) requested to lend the name so that he/she may register the transfer of ownership on the land owned by A; and (d) on October 14, 2014 and October 17, 2014, the Defendant registered the transfer of ownership under the said name.

2. The Defendant: (a) at the date, time, and at the place specified in paragraph (1) at the above B, upon the request of the Defendant to lend the name in order to register the transfer of ownership over the land F, G, H, and building on the land owned by the Defendant from the said B; and (b) registered each transfer of ownership in his/her own name on October 14, 2014 and October 17, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of Acts and subordinate statutes governing an accusation, a real estate transaction contract, and a certificate fully registered;

1. Facts constituting the crime under Article 7(1)1 and Article 3(1) A of the Act on the Registration of Real Estate under Actual Titleholder’s Name: Articles 7(2) and 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Selection of each alternative fine for 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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