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(영문) 창원지방법원 진주지원 2017.05.26 2017고정116
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On March 2016, Defendants entered into a trust agreement under the name of Defendant A to register the land purchased by Defendant B for speculative purposes in the name of Defendant A on the grounds of tax issues, etc.

1. On May 4, 2016, Defendant B purchased a parcel of KRW 3,045,100,000, including KRW 1,045,10,000, in total, the purchase price of KRW 1/2 of the said parcel of land in the name of the trustee under a trust agreement with A, in accordance with the name of trust agreement with A, in the name of trust with the trustee, at the Changcheon District Office of Seoul Special Metropolitan City, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si. D, E, 383 square meters in total, and 520 square meters in total, and around May 24, 2016.

2. Defendant A completed the registration of transfer of ownership in the name of the Defendant, a trustee, according to the trust agreement in the name of B with respect to one half of each of the above land purchased by B at a temporary place as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A self-owned real estate sale contract on March 11, 2016, and a self-owned real estate sale contract on June 13, 2016;

1. Application of statutes on a certified copy of register;

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

1. Selection of each 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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