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(영문) 인천지방법원 2018.04.11 2017고단4083
횡령등
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On September 23, 2014, Defendant A completed the registration of transfer of ownership in the name of Defendant B in the name of the Incheon District Court’s reinforcement registry office located in Incheon District Court on 300 as a result of the strengthening Eup of Incheon Reinforcement-gun, but the Defendant actually purchased the said C, D, and E forest. However, Defendant completed the registration of transfer of ownership in the name of Defendant B.

2. On September 23, 2014, the Defendant completed the registration of the transfer of ownership in the name of the Defendant with respect to the shares of 1/2 of the above C forest, D, and forest land under the name of the Incheon District Court’s reinforcement registry office located in Incheon 300 as a result of the strengthening of Incheon Reinforcement-gun, and the actual purchase of forest land A by Defendant A under the same title.

Summary of Evidence

1. Statements made by the witness F and G in the protocol of two public trial;

1. A certified copy of cadastral map;

1. A certificate for all matters to be registered, and a real estate transaction contract;

1. Application of court rulings (2015 Incheon District Court Decision 2015No2423 A certified judicial brokerage), and judicial text (2016No. 284 of Incheon District Court Decision 2016)

1. Defendant A: Articles 7(1)1 and 3(1)2 of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); Defendant B of the same Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Defendant B who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. Defendant B: Judgment on the assertion by the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendants and defense counsel's assertion and defense counsel are the defendants Eul-gun, D, and E's actual purchase of the defendant Eul, so the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is each committed.

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