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Defendant
A A shall be punished by a fine of KRW 5 million and by a fine of KRW 3 million, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
B The actual owner who constructed the second floor of the steel reinforced concrete structure in E, F, and G (the first floor of 109.84 square meters, the second floor of 86.46 square meters, hereinafter “instant building”) with interest on the actual operator of D Co., Ltd., and Defendant A, as the wife of H, who is an employee of the said company, is a trustee of the registration injury, the registration of which was completed on January 11, 2013 for the instant building.
1. No person who is the defendant B shall register any real right to real estate in the name of the trustee under the name of the trust agreement;
Nevertheless, in order to avoid the construction restriction regulations in Gwangju City (it is possible to construct only one Dong per resident for at least six months in Gwangju City), the Defendant requested A to grant permission for the instant building in the name of A by requesting “a change in the name of the building permit and preservation registration” and completed the registration of ownership preservation in the name of A on January 11, 2013.
2. Defendant A
(a) No person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name shall register any real right to real estate in the name of the trustee under the name of the trust agreement;
Nevertheless, the Defendant completed the registration of the preservation of ownership in its name on the instant building, as described in Paragraph 1, January 11, 2013.
B. While the Defendant, as described in Paragraph 2-A, was in custody of the instant building for the victim B, the Defendant refused to return the instant building at around November 7, 2015, on the ground that, despite the Defendant’s husband, H did not receive approximately KRW 77 million, such as pushed away benefits, etc. from the damaged party, even though he was demanded from the injured party around November 7, 2015.
Accordingly, the Defendant embezzled real estate trusted by the injured party.
Summary of Evidence
1. The defendants' statements in the second public trial protocol
1. Statement made by the police with H;
1. A certified copy of the register (I detached house), e-mail, and