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(영문) 서울서부지방법원 2013.10.16 2012고정2186 (1)
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for six months in the Suwon District Court's Pyeongtaek Housing Site, and the judgment became final and conclusive on February 8, 2011.

The Defendant and C decided to register the shares held by the Defendant and D in the name of Yongsan-gu, Seoul E-Ba (hereinafter referred to as "E-Ba").

Therefore, the defendant and C made registration of preservation of ownership for the E lending 12 households around December 17, 2008, and the defendant and C made registration of preservation of ownership in the name of C in the name of 1/3 of the defendant and D for each household.

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

Summary of Evidence

1. Each legal statement of witness F, C, G, and H;

1. Some statements made in the suspect examination protocol of the prosecution against D or A;

1. A certified copy of the register;

1. Judgment division: Application of Acts and subordinate statutes that report the undisclosed and result of confirmation;

1. Article 7(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010); Articles 3(1)1 and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name; the choice of fines

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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