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(영문) 부산지방법원 2016.12.09 2016고정3136
부동산실권리자명의등기에관한법률위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. at the Busan District Court, and the above judgment became final and conclusive on October 20, 2016.

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

Nevertheless, on July 11, 2012, the Defendant, in collusion with B, agreed to complete the registration of ownership transfer under the name of referring to the real estate referred to in 1621, which the Defendant purchased from C, under the name of referring to the real estate referred to in 1621, which the Defendant purchased from C, and pursuant to the above agreement, the Defendant dry Farming Co., Ltd. located in Busan Metropolitan City around July 5, 2012, the Defendant dried the documents necessary for the registration of ownership transfer to the Defendant, and the Defendant had a certified judicial scrivener whose name is unknown at that time filed an application for the registration of ownership transfer under the name of E, thereby completing

Accordingly, in collusion with B, the Defendant registered the real right to real estate in the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made in F and B by the prosecution against the accused in the interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding F;

1. A certified copy of the register;

1. Previous records of judgment: Criminal records, results of confirmation of the previous records of dispositions and dispositions, a copy of judgment, and results of inspection of a Konet case, applying statutes;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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