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(영문) 광주지방법원 2013.05.02 2012고단6590
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

No person, even though he/she had not instigated a title trustee to register any real right to real estate under the name of the title trustee under the title trust agreement,

1. Defendant A received a request from the president of the Dong-gu Office in Gwangju-gu to introduce a person who will lend the name to transfer the ownership of real estate from the president of the Dong-gu Office in Gwangju-gu. On August 24, 2009, Defendant A offered that he will pay 500,000 won per month and transfer the real estate within 3 months, regardless of whether or not the real estate transaction was made within 50,000 won per month if he borrowed the name to F from the D office in the name of Dong-gu office. Upon the consent of the F, Defendant A instigated 6 persons to register the ownership of the real estate under the name of the title trustee F under the title of the title trustee under the title trust agreement of the title trustee under the title trust agreement of the attached list I, as described in the attached list I, until September 30, 2009.

2. Upon receipt of a request from Defendant B to introduce a person who borrowed the name in order to transfer the ownership of real estate from E, Defendant B proposed that he/she would pay KRW 200,000 per month on August 27, 2009 if he/she borrowed the name in the D office to H, and would transfer the ownership within one year from six months to six months. Upon H’s approval, Defendant B instigated four persons to register the ownership of real estate under the name of the title trustee under the name of the title trustee under the title trust agreement, including that he/she had the title trustee transfer the ownership under the name of the title trustee under the title trust agreement, by not later than March 22, 2010, according to the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of witness E;

1. Each police suspect interrogation protocol on H, K, L, M, N, P, Q, and R;

1. Statement of the police statement of S;

1. Details of transactions related to suspect A and details of transactions related to suspect B;

1.Each.

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