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(영문) 창원지방법원 통영지원 2014.02.14 2013고단187

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2013 Highest 187"

1. The Defendant, even if having received money from the victim C, intended to use the money to repay the Defendant’s personal debt, and did not intend to use the land jointly with the victim for the purpose of purchasing the land, the Defendant, upon July 19, 2012, received from the victim “FFFFFFFFFFFFFFF at the time of the purchase of the land at the time of the purchase on July 19, 2012, the Defendant acquired the money from the victim by taking over KRW 150 million in total the remainder of the intermediate payment and the remainder of the remaining down payment and the ownership transfer registration in the name of the victim, as the land category was changed to the site so that the land category can be constructed later. As such, the Defendant may receive KRW 150 million in total from the victim on September 19, 2012.”

"2013 Highest 494"

2. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;

Nevertheless, on February 12, 2009, the Defendant entered into a title trust agreement with the Defendant’s mother, and registered the said land in the name of the J, even though the Defendant purchased the land of 1,904 square meters of the area of 1,904 square meters prior to H during si-si. However, the Defendant entered into a title trust agreement with the J.

Accordingly, the Defendant registered the real right to the above land under the name of the title trustee J according to the title trust agreement.

3. The fraud Defendant and K are friendly-gu between the Defendant and K, and K purchased L and M land (each of the above lands was currently combined and L was now L. L and M land; hereinafter “instant land”) for KRW 200 million on February 12, 2009.

K requested the Defendant to sell the instant land on or around December 201, 201, and the purchase price was ① to K’s Defendant.