logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.07.03 2013고정240
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative director of E Co., Ltd. (hereinafter referred to as “E”) with the five floors of the building in Daejeon Dong-gu, Daejeon, and Defendant B is the auditor of E.

1. Around June 22, 2011, the Defendants conspired to conduct a title trust agreement to register the ownership of the said real estate in the name of the above F, and the Daejeon District Court, Daejeon District Court, Daejeon District Court, Daejeon District Court, on June 22, 201, made a title trust agreement with F and the Defendants to register the ownership of the said real estate in the name of F and the title trust agreement with F, a property purchased at KRW 100 million from G, which is E’s property purchased at KRW 100 million from G, within the office of E around May 30, 2011.

2. Around September 25, 2011, the Defendants conspired to conduct the registration of ownership transfer in the name of the said J on the following grounds: (a) around September 25, 201, between J and the Defendants, the field leader of E, within the office of the Daejeon Daejeon District Court, agreed to complete the registration of ownership transfer in the said J’s name with approximately KRW 490,000,000,000,000,000 of E, which is the E property purchased from K during the class; and (b) around September 25, 2011, the Daejeon District Court completed the registration of ownership transfer in the said J’s name.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. Each police interrogation protocol against the Defendants

1. Each police statement made to theO or F;

1. I's self-statement;

1. Application of statutes to an assignment order for registered matters;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning the facts constituting the crime, Article 30 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, Defendant B did not directly intervene in the crime of this case or instruct the Defendant A to do so, and thus, Defendant B is merely an aiding and abetting offender, not a joint principal offender.

arrow