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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal records] On March 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a period of six months and one year of suspended execution on April 2, 2016, and the judgment became final and conclusive on April 2, 2016.
[2] Around May 2013, the Defendant: (a) received a proposal from C to the effect that “The Defendant would lend the registration title to 102, 502, 502, 502, and 502, to the extent of KRW 5,000-7,000,000,000”; (b) agreed to the agreement that the said apartment purchased by a person who is not registered (E) and entered into a trust agreement in the name of the Defendant to register the transfer of ownership in the name of the Defendant.
On May 19, 2013, the Defendant drafted an apartment supply contract as if he purchases the above D apartment complex No. 102 Dong 502 in the name of the Defendant at the 1st floor sale office of Yangju-si, with the above C, name in the name of the Defendant. On June 19, 2013, at the government registry office of the Jung-gu District Court located on 146 Do-ro 13, the above D apartment complex No. 102 Dong 502 on the ground of the above sales contract, the Defendant registered the transfer of ownership in the name of the Defendant, the trustee.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;
1. Statement made by the prosecution against C;
1. Investigation report (report accompanied by all matters to be registered) and a certified copy of real estate registry;
1. A written report on a contract and an apartment supply contract;
1. Previous convictions in the judgment: two copies of the judgment, investigation reports (the report of confirmation of the fixed date), case summary information, and the results of inquiry about criminal history, and the application of statutes;
1. Relevant legal provisions concerning the facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under the Name of the Actual Right Holder (or the choice of imprisonment);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act is likely to not only impair the normal order of real estate transaction by registering that is inconsistent with the substantive legal relationship, but also be abused as a means of evading speculative tax evasion.