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(영문) 대구지방법원 안동지원 2016.09.09 2016고정166
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of three 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 in the name of the trustee under the title of the trust agreement.

Nevertheless, on May 2014, the Defendant did not sell the above forest land to F with respect to Jeju E forest owned by the Defendant. However, in order to develop forest land with F’s assistance, the Defendant entered into a trust agreement with F to register the transfer of ownership on the ground of sale with F’s consent.

On May 22, 2014, the Defendant completed the registration of transfer of ownership in the name of F on the grounds of sale at the registry office of Jeju District Court on May 2, 2014.

Accordingly, the ownership of the defendant on the above real estate was registered in F name, a trustee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Title-holder's Name concerning facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act, and selection of fines;

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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