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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 12, 2010, the Defendant was sentenced to a suspended sentence of one year in the Seoul High Court for the crime of providing third-party brain, and the judgment became final and conclusive on November 20, 2010.
1. The Defendant: (a) around the mid-term end of May 2007, the Defendant stated that, at G office Co., Ltd., 304 in Gangnam-gu Seoul Metropolitan Government, “E will give 10% of the profits accrued after the registration and holding of the buildings located in H area for three years in the name of D (E)”; and (b) “E accepted this.”
After that, around March 18, 2008, the defendant purchased from J No. 01 of Yongsan-gu Seoul Metropolitan Government I's I's Jeju District Court's office of Yongsan-gu from J to KRW 190 million, and registered the owner of the building under the name of the title trustee after transferring the ownership to E.
2. The Defendant: (a) at the G office, G Co., Ltd. around the date of title trust, the Defendant told K to the effect that “If the Defendant had his real estate registered and held under the name of D (K) for at least three years, he would give him a certain degree of profits that accrue thereafter; and (b) K consented to this.”
Since then, around July 30, 2008, the Defendant purchased from O No. 01 of the 1st floor No. 101 of Yongsan-gu Seoul, Yongsan-gu, Seoul, with the purchase price of KRW 250,000,000 from O, and prepared a sales contract with the purchaser of KRW 250,000,000, and around September 22, 2008, the Seoul Western District Court registered the owner of the building in the name of the title trustee after transferring the ownership of the building to K in the name of the title trustee.
3. On May 2007, the Defendant received the title trust agreement from P to each type E of P at the G office Co., Ltd. stating that “When the purchased building is registered and possessed in the name of P for three years, the Defendant will make 10% of the profits accrued thereafter.”
Since then, around August 1, 2008, the Defendant purchased from R No. 360 million won from Q2 of Yongsan-gu Seoul Metropolitan Government Q2 from R at the above M office around August 1, 2008, and made a sales contract with the buyer as E and one other.