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1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
(a) No person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name shall register any real right to real estate in the name of the trustee under the name of the trust agreement;
Nevertheless, on January 10, 2016, the Defendant calls to B from the office of officetel located in Jinju-si, and seeks to purchase “E land (hereinafter “the instant land”) and multi-household housing on the ground under construction (hereinafter “the instant housing”). Once the registration is completed under the name of the Plaintiff, real estate can be seized if the business is failed, and taxes are collected. Thus, if the Defendant purchases the instant land and the instant housing under the name of Jin-si, he/she will sell it and sell part of the proceeds therefrom.
“Along on the 15th day of the same month, E entered into a trust agreement in the name of a trust to acquire and register this land and this house in the name of B after opening a house on the 15th day of the same month.
B shall prepare a real estate transaction agreement with H, I, and real estate in the office of “G real estate” located in F on the same day, and on the 29th of the same month, after completing registration of transfer of ownership in the name of B on the land.
2.3. The registration of ownership preservation was made in the name of B for this house.
Accordingly, the Defendant registered the ownership of real estate in the name of B, a title trustee, according to the trust agreement.
B. On January 2016, the Defendant, via a broker, sold this case’s land and this case’s housing amounting to KRW 830 million on the day, paid the down payment on the day, succeeded to KRW 372 million as an intermediate payment, and paid KRW 128 million as additional loans received after completing the registration of transfer of ownership, and paid KRW 310 million as the remainder of this case’s housing rental deposit.
“A false statement” was made.
However, in fact, the defendant was under way in the process of Scambling.