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(영문) 인천지방법원 2017.01.19 2016고정2048
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 30, 2014, the Defendant entered into an agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) to register the transfer of ownership under the name of the Defendant on April 25, 201, with respect to D apartment units (D apartment units) 502, 107, 502, 108, 502, 121, and 502, and 121, as sold (hereinafter “CCP”) and the registration of ownership transfer under the name of the Defendant on April 25, 2014, on April 30, 502, 502, 107, 502, 108, and 502, and 121, under the name of the Defendant as the trustee.

2. On July 3, 2014, the Defendant agreed to register the transfer of ownership under the name of the Defendant with respect to the foregoing D Apartment Nos. 502, 204, 502, 205, and 502, and 205, as the trustee, from the Korea Asset Trust on July 3, 2014, the Defendant registered the transfer of ownership under the name of the Defendant on the ground that he/she purchased the said D Apartment Nos. 502, 204, 502, and 205, respectively.

Accordingly, the Defendant registered the real right to real estate in the name of the nominal trustee according to the nominal trust agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes to each investigation report (attached to the ledger of gold management for sale in lots and a supply contract, attach data submitted, attach data submitted by witnesses E, attach data submitted, copy of the F submitted real estate transaction contract, etc.);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of fines for negligence

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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