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(영문) 대전지방법원 2019.02.08 2018고정889
부동산실권리자명의등기에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who runs a drug wholesale business under the trade name of “stock company C” in Seo-gu Daejeon.

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

Nevertheless, the Defendant conspired with the vice president D of C on September 9, 2013, and had the Daejeon District Court, Daejeon District Court, the Daejeon District Court, the Daejeon District Court, the Daejeon District Court, the Daejeon District Court of the Daejeon District, the name of the Defendant, lent the name of the Defendant, and had C, the Plaintiff, a certified judicial scrivener E, a certified judicial scrivener of the Daejeon District, submit from the seller F to the seller a document claiming ownership transfer registration with the content of purchasing the land of 1,559 square meters in size prior to the Daejeon-gu Daejeon District, Daejeon District, the land price of which is 210,465,00 square meters in officially announced as of September 9, 2013

Accordingly, the Defendant conspiredd with the above D and F in sequence, and registered the real right to real estate under the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. A full certificate of registered matters, a real estate sales contract and a individually assessed individual land price list;

1. Application of Acts and subordinate statutes to investigation reports (to make phone statements D);

1. Relevant Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Article 30 of the Criminal Act concerning facts constituting an offense, and the Registration of Real Estate under Actual Titleholder's Name;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence ( Consideration of the fact that the defendant repents his mistake and seriously reflects his mistake, the fact that there are circumstances to bring about the criminal defendant to the circumstances leading to the criminal act in this case, and the fact that the defendant has no record of criminal punishment for publication in addition to the fact that he was punished by a fine for violating the Illegal Check Control Act in around 1985);

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