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(영문) 광주지방법원 목포지원 2014.10.24 2014고정412
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

C On April 201, 201, after receiving a request from D, “A person who borrowed the name to sell the land” was asked to “A person who is to be transferred the name” and asked E to “A person to be transferred.”

Accordingly, in G cafeteria located in F on April 13, 201, E, stating that “If the name is lent, E shall be given a tobacco value once a week,” and upon the Defendant’s consent, E received one copy of a certified resident registration, etc. and one copy of a certificate of personal seal impression from the Defendant from the Defendant, and it shall be delivered to C, and C, upon delivery of the above documents to D, eventually, on April 20, 201, upon D’s joint purchase with H, the registration of ownership transfer should be completed in the name of the Defendant.

Accordingly, the Defendant conspiredd with C and E in order to register the real right to real estate under the name of the Defendant, the title trustee, according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect examination protocol of C and E by the prosecution;

1. A protocol of examination of part of the prosecution concerning D;

1. Application of Acts and subordinate statutes to a copy of application for registration of transfer of ownership, certificate of completion of real estate transaction contract, and full certificate;

1. Relevant Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, for facts constituting an offense, and Articles 30 of the Criminal Act (the partial reduction of fines shall be made in consideration of the selection of fines, the recognition of a crime and the reflection thereof, the fact that the person is a recipient of basic living);

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

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

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