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(영문) 제주지방법원 2017.11.17 2017고단527
부동산실권리자명의등기에관한법률위반
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a year of imprisonment for a defendant B, and for a period of six months, for each of the defendants C.

except that this judgment.

Reasons

Punishment of the crime

1. On April 2014, Defendant A and Defendant C entered into a trust agreement with Defendant C to register the transfer of ownership in the name of Defendant C, while purchasing from F and four other land the size of 250 square meters in Seopo-si E prior to Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land”).

After that, on May 14, 2014, the Defendants, at the Jeju District Court Seopo-dong, 441-15, Seopo-si, Seopo-si, Seopo-dong, Seopo-si, the Defendants, transferred their ownership on April 1, 2014 under the name of Defendant C, the trustee of the instant land.

Accordingly, Defendant A, a nominal truster, registered the ownership of the instant land in the name of Defendant C in accordance with the trust agreement under the above name, and Defendant C, a nominal trustee, registered the instant land in his/her name in accordance with the above name trust agreement.

2. When Defendant B became aware of the fact that Defendant A was an employee in charge of accounting and administrative affairs in the construction business chain “G” operated by Defendant A, as it was difficult for A to purchase the instant land under his/her own name, and as it was difficult for A to find a trustee, the Defendant introduced A to the trustee the Defendant’s female living together with the Defendant as his/her name in order to assist the relevant crime, and accordingly, A and C registered the ownership of the instant land under the name of C on May 14, 2014 under a trust agreement, as set forth in paragraph (1).

Accordingly, the defendant made it easy to commit the crime of trust in the name of real estate A, and prevented it.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statements made by witnesses A and H in part;

1. Partial description of the suspect interrogation protocol (including the part concerning the defendant A and C's offense) against the defendant A or C by the prosecution

1. Part of the prosecution examination protocol concerning the defendant B

1. Part of each protocol of interrogation of the police against the Defendants (including each cross-examination)

1. Statement made by the police with H;

1. A certified copy of register (land and buildings);

1. C.

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