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(영문) 서울동부지방법원 2017.06.23 2016고정1655
부동산실권리자명의등기에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

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

1. On December 13, 2012, Defendant A was sentenced to a suspended sentence of six months for fraud at the Seoul Eastern District Court on December 13, 201, and the judgment became final and conclusive on December 21, 2012, and on August 25, 201, at the Seoul Eastern District Court Gangseo-dong registry office located in Songpa-gu Seoul District Court on August 25, 201, Defendant D building No. 615 purchased the above real estate from E and three other on December 31, 2010, after concluding a trust agreement with his father, Defendant registered the ownership transfer of the above real estate under the name of the trustee under the name of the title trust agreement.

2. On August 25, 2011, the Defendant entered into a title trust agreement with A, an A, as described in the preceding paragraph, and registered the ownership transfer of the said real estate purchased from the E and three other parties on December 31, 2010 under his/her name, and registered the real right to the real estate under his/her name as a trustee under the title trust agreement.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Entry of a witness A's legal statement in the third public trial protocol;

1. A process deed and a performance certificate;

1. A certified copy of real estate registry;

1. Previous convictions in Defendant A: Application of a reply to inquiries, such as criminal history, and the Act and subordinate statutes on Criminal Reporting (Attachment to Judgment);

1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Defendant B selected from a fine: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Selection of a fine; Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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