Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Punishment of the crime

1. On June 2016, Defendant A purchased the apartment house D, and 102 Dong 1001, Nam-gu, Incheon, for the purpose of his own residence, with his own own funds, and subsequently, Defendant A decided to complete the registration of transfer of ownership of the said apartment with a view to evading the burden of gift tax if the said apartment is transferred to B, and around that time, Defendant A purchased the said apartment house with B as its purchaser, and entered into a trust agreement in the name of B to complete the registration of transfer of ownership.

After June 20, 2016, B entered into a real estate sales contract with a seller's G to purchase the above apartment house with a large amount of of KRW 167 million in accordance with the above title trust agreement, and around July 15, 2016, B entered into a registration with the Incheon District Court in the Nam-gu Incheon Metropolitan City District Court for the above apartment building on the ground of sale on June 20, 2016.

Accordingly, the Defendant, as a nominal truster, registered the real right to his own real estate in the name of B under the nominal trust agreement.

2. Defendant B entered into a title trust agreement with A on the date, time, place, as described in paragraph (1), with the circumstances described in paragraph (1), and made a registration for the transfer of ownership on the apartment as described in paragraph (1) under his name in accordance with the title trust agreement.

Accordingly, the Defendant, as a trustee, registered a real right to real estate A under his name according to the nominal trust agreement with A.

Summary of Evidence

1. The Defendants’ respective legal statements

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

1. Full certificate of registered matters, detailed statement of deposit transactions, and application of the Acts and subordinate statutes of apartment sale contract;

1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and Article 7(1)1 of the same Act, and Article 7(1)1 of the same Act, and Article 7(1)1 of the same Act,