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(영문) 춘천지방법원 강릉지원 2016.05.20 2015고단1182
사기등
Text

Defendant

A shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is a wife of D.

1. On September 18, 2012, the Defendant: (a) entered into a trust agreement in the name of the Defendant to make a registration for the transfer of ownership in the name of the Defendant, even though the actual owner was D in purchasing the land from a father, a father located in the Nam-gu, Nam-gu, Nam-gu, Seoul; and (b) accordingly, on September 18, 2012, the registration for the transfer of ownership in the name of the Defendant was completed at the registration office in the name of 16-17 three-lane Cheongdong-gu, Samdong-gu, Samdong-gu, Samdong-gu, Samdong-gu, Samdong-gu, Samdong-gu, 16-17.

2. On August 9, 2013, the Defendant: (a) entered into a trust agreement in the name of the Defendant to make a registration of ownership preservation in the name of the Defendant, even though the actual owner was D with respect to the construction of the building, which was located in the south-gu F at the Seocho-si, Seocho-si; and (b) accordingly, on August 9, 2013, the registration of ownership preservation was completed in the name of the Defendant at the 16-17 three registry offices, Sam-gu, Sam-dong, Sam-dong, Sam-dong, Sam-dong, Sam-dong, Sam-dong, 3-ro, 3-ro, 16-17.

As above, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name by entering into a trust agreement in the name of the trust, and registering the real right to real estate in the name of the Defendant, the trustee, respectively.

Summary of Evidence

1. Defendant A’s legal statement

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

1. The statement in G during the interrogation of the suspect against the defendant D in the police protocol;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes to certified copies of each real estate registry;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Title Holder’s Name, as to each type of crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment for Concurrent Crimes) of the Criminal Code for the Aggravation of Concurrent Crimes (Aggravated Punishment for Concurrent Crimes under the Act on the Registration of Real Estate under Actual Titleholder's Name).

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