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(영문) 대전지방법원 2020.02.06 2019고단4583
부동산실권리자명의등기에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2020, the Defendant was sentenced to imprisonment with prison labor for a period of eight months at the Daejeon District Court.

【Criminal Facts】

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

On February 25, 2014, the Defendant decided to title trust in the name of B with respect to the land in Seo-gu, Seo-gu, Daejeon, where the Defendant would purchase from C the transaction value of KRW 390 million, and the above site building to purchase KRW 810 million from E in the transaction value.

Therefore, on March 14, 2014, in the registration division of the Daejeon District Court in Seo-gu, Seo-gu, Daejeon District Court completed the registration of transfer of ownership in the name B for sale of the above land and building.

Accordingly, the Defendant registered the real right to the above land and building under the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant and B;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to all matters registered;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning the facts constituting an offense, the choice of imprisonment or imprisonment;

1. Among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) disadvantageous circumstances such as the disposal of the property subject to the instant crime; (b) the disposal of the property subject to the instant crime; and (c) equity with the case to be judged at the same time as the crime of fraud continued in the appellate trial should be considered; (c) the confession of the Defendant is against the Defendant; and (d) the Defendant has no other criminal record except for the case pending in the appellate trial; and (e) the records of the instant case, such as the Defendant’s age, character and behavior, the environment, the background and motive of the instant crime, and the circumstances before and after the

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