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

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

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.

B concluded a trust agreement with the Defendant with the content that, on July 2013, the Defendant will enter into a contract with the buyer of each of the above lands, to enter into the said contract with F to have the ownership transfer registration name in the name of the said land, in order to avoid the tax to be imposed in the event that B purchases the ownership transfer registration under his/her own name from F, an agent of the owner, E, etc. of the said D land from the interest of the said owner of the said land, etc., and purchased the said D land from F, the owner of the said land, etc., and completed the registration of ownership transfer under his/her own name.

Since then, around July 23, 2013, B entered into a sales contract to purchase each of the instant lands from H A certified brokerage office located in G to the said F with the purchase price of KRW 84 billion, and the Defendant was the purchaser of the purchase contract. On May 9, 2014, B completed the registration of transfer of ownership in the name of the Defendant with respect to each of the said lands at the Incheon District Court, Southern-dong registry office.

Accordingly, the Defendant, as a trustee in the name of the Defendant, registered the real right to B’s real estate in his name according to the nominal trust agreement concluded between B and a nominal truster.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes, such as a whole certificate of registered matters, a copy of a real estate transaction contract, and inquiry of transaction details;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Right Holder's Name, and the selection of fines, respectively, for facts constituting the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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