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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Defendant and C are those who were engaged in credit business with the trade name of E from Seocho-gu Seoul Metropolitan Government D2.
On June 23, 2008, while lending KRW 250 million to Nonindicted Party F, the Defendant and C set up a right to collateral security under the name of Nonindicted Party H, I, and J in Jongno-gu Seoul, Jongno-gu, 204, but the said F did not pay interest at once. As such, on September 2009, the Defendant and C applied for a voluntary auction on the said real estate to acquire ownership, and the title is to be registered in the name of the non-party J in the case where the Defendant’s birth is the Defendant’s birth, and the share ratio is set at 64% according to the ratio of the amount invested by the Defendant and C, and the shares of the Defendant are set at 16%.
K, which is another creditor, had to receive a share transfer registration in its name according to 20% of the amount invested.
On September 9, 2009, the defendant and C completed the registration of ownership transfer of 80% of the above J's name from the Jung-gu Seoul Central District Court's mid-gu Branch Office of the Seoul Central District Court on the ground of sale due to voluntary auction from Jung-gu, Seoul Central District Court.
Accordingly, in collusion with C, the Defendant registered the real right to the said real estate under the name of the title trustee under the title trust agreement.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused and C by the prosecution;
1. A protocol of partial police interrogation of the accused;
1. Application of Acts and subordinate statutes to investigation reports (where the relevant equity ratio is determined by the suspects);
1. Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010); Article 30 of the Criminal Act; the selection of fines
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;