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(영문) 부산지방법원 2017.04.20 2016고정4327
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.

Nevertheless, the Defendant registered the transfer of ownership in the name of the Defendant on May 28, 2015 with respect to the Busan Dongdong-gu apartment 103 Dongdong-gu 904 purchased by B upon B’s request on or around July 3, 2015, and registered the transfer of ownership in the name of the Defendant on or around July 3, 2015 with respect to the above apartment 102 Dong Dong 1304 purchased by B.

Accordingly, the Defendant registered each real estate in the name of the Defendant, a trustee, according to the name trust agreement with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to all certificates of registration, copies of an application for transaction, and copies of account transactions;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration under Actual Titleholder’s Name, for the facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is clear that the crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order, namely, the Defendant’s act of having completed the registration of transfer of ownership of apartment bonds as the trustee in the name of the company as stated in its holding, cannot be deemed to be somewhat harsh.

However, the defendant is taking the attitude of recognizing and opposing the crime, and the defendant is subject to criminal punishment several times, but there is no record of punishment for the same crime.

As a result, each apartment house was used to commit a loan fraud by B, but the defendant was involved in the process.

There are no other circumstances to see.

In light of the above circumstances, the punishment as set forth in the Disposition shall be determined in light of the main circumstances.

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