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(영문) 인천지방법원 2013.05.24 2013고정1538
부동산실권리자명의등기에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, on January 13, 2011, B registered the ownership transfer under the name of B, a title trustee, according to the title trust agreement with C with respect to “Y-si D apartment 102 Dong 1702, Pyeongtaek-si.” which was actually owned by C.

On December 15, 2010, the Defendant: (a) at the office of fraud F in the vicinity of the Incheon Southern-gu E market, the Defendant requested F-friendly B to lend the name of F-friendly B to F-B, “The real estate owned by F-doer C is not in the name of another real estate; (b) if it is leased the name to purchase an apartment, it would be sold three months after the purchase of the apartment, and (c) caused B to lend the name to C on January 13, 201.

Accordingly, the Defendant instigated B to register it in the name of the title trustee B.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is applicable to the facts constituting an offense and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the provisional payment order is a recipient of basic living assistances for the reason of sentencing under Article 334(1) of the Criminal Procedure Act

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