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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 2,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A, with the knowledge that the restriction is strengthened at the time of new construction of loan above a certain scale while purchasing land on around 2012 and promoting the new construction of loan above it, with the knowledge that the ownership of a part of land was to be purchased in the name of its mother, and that part of land was to build loan by purchasing land under another person's name. Defendant B agreed to entrust Defendant A with the new construction of loan on the land proposed by Defendant A to the construction business operator and instead, to transfer land under E on the condition of giving the living expenses to E, one of its former wife.
1. No person who commits a joint crime by the Defendants may register a real right to real estate in the name of the trustee under the title trust agreement.
Nevertheless, Defendant A decided to purchase from G the “F, 4, and approximately 250 square meters” (hereinafter “instant land”) around 2012, and, after registering in H’s name, Defendant A decided to change the nominal owner due to the loan limit.
Accordingly, Defendant A proposed to Defendant B to transfer the title of the instant land, and accordingly, Defendant B conspired to register the transfer of ownership in the name of E, the former wife.
Therefore, at around June 14, 2013, the Defendants entered into a trust agreement in the name of the trustee in the name of Kim Jong-won, and completed the registration of transfer of ownership in the name of E by pretending that the Defendants entered into a sale contract on April 23, 2013 for E and the instant land.
Accordingly, the Defendants conspired to register the instant land in E name according to the nominal trust agreement.
2. After concluding a sales contract with G for the former owner of the instant land, Defendant A transferred the name thereof to H, but completed the registration of transfer of ownership in the name of E on June 14, 2013.
Accordingly, the subcontractor is a subcontractor in charge of the “all construction of steel reinforced concrete framework and field adjustment” in the land-based loan construction work.