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Defendant shall be punished by a fine of four million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Criminal facts
No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.
Nevertheless, around July 2007, the defendant purchased the factory site in Gangseo-gu Busan Metropolitan Government D from C, and the factory site in Gangseo-gu Busan Metropolitan Government F from E, and entered into a title trust agreement with the defendant to construct the factory building on each of the above land to avoid restrictions on the possible sale of the factory site.
On July 10, 2007, the defendant completed the registration of ownership preservation in the name of C on the second floor factory building located in Gangseo-gu Busan Metropolitan Government D and F at the Gangseo-gu registry office of Gangseo-gu.
Accordingly, the Defendant registered the real right to real estate in the name of the title trustee according to the title trust agreement.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police interrogation protocol, investigation report (specific date of real estate trade and attachment of all registered matters) to E and C;
1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;