Text
Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Around May 2010, Defendant A entered into a title trust agreement with Seongbuk-gu Seoul Metropolitan Government C Apartment 102 Dong 404, where the Defendant resides, to register under the name of Seongbuk-gu Seoul Metropolitan Government D apartment 201 Dong 301, B, and on May 25, 2010, Defendant A entered into a false contract to transfer the ownership of the above D apartment to B at the F Housing Redevelopment Development and Improvement Project Office located in Seongbuk-gu Seoul, Seongbuk-gu.
On April 27, 2012, the Defendant completed the registration of ownership transfer in the name of the Seoul Central District Court, which was located in Seocho-gu Seoul High Court 1707-4, on April 27, 2012.
Accordingly, the Defendant registered the real right to the said real estate under the name of the title trustee B according to the title trust agreement.
2. Defendant B entered into a title trust agreement with the Defendant to register the above D apartment under the name of the Defendant as described in the foregoing paragraph (1), and completed the registration of ownership transfer under the name of the Defendant on April 27, 2012, in the registry office of the Seoul Central District Court located in Seocho-gu, Seocho-gu, Seocho-gu, Seoul High Court on April 27, 2012.
Accordingly, the Defendant registered the real right to the said real estate under the name of the title trustee according to the title trust agreement.
Summary of Evidence
1. Defendants’ legal statement
1. All matters to be registered (including matters to be cancelled) - Aggregate buildings;
1. Application of the Acts and subordinate statutes on investigation report (the date of concluding title trust);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; selection of a fine
B. Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; selection of fines
1. Defendants to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more.