2018 Highest 2928 Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name.

A

He/she shall make a conversion (prosecution), correction (public trial)

Attorney B (Korean National Assembly)

December 13, 2018

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

Nevertheless, on June 15, 2013, the Defendant purchased land B from the D office located in Ulsan-gun, Ulsan-gun, Ulsan-gun, from F, and entered into a title trust agreement with G to transfer the said land under the name of G. On July 16, 2013, the Defendant completed the registration of transfer of ownership in the name of Ulsan District Court located in Ulsan-gu, Ulsan-gu, Incheon-do, for sale and purchase of the said land, and completed the registration of transfer of ownership in the name of G for total 21 real estate as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant registered the real right to the said real estate under the name of the title trustee G according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the defendant or G by the prosecution;

1. Statement of the police statement related H;

1. A sales contract for each real estate and a full certificate of registered matters;

Application of Statutes

1. Article applicable to criminal facts;

Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

In full view of all the sentencing conditions, including the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no previous conviction, the number and value of real estate involved, the motive and circumstance of the crime, and the scale of the penalty surcharge imposed on the defendant, etc., the sentence shall be imposed as ordered

Judges Kim Jong-ok

A person shall be appointed.