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(영문) 울산지방법원 2017.05.29 2016고단1982

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, on July 15, 2015, the Defendant and D entered into a trust agreement in the name of the Defendant to register the transfer of ownership in the name of the Defendant with respect to the Ulsan-gun E, F, G, and H total land areaing to 3,540 square meters and G ground buildings owned by Ulsan-gun, Ulsan-do, G, and H, and on July 15, 2015, registered the transfer of ownership based on the sale in the name of the Defendant.

Accordingly, the defendant, a trustee, completed the registration of transfer of ownership of the above real estate in his name in accordance with the title trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing certified copies of each real estate registry;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name concerning the facts constituting the crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no record of punishment for the crime of the same kind and there is no record of the suspension of execution or any heavier record, and other circumstances, such as the details of the crime and the degree of reflective attitude, etc.

1. The community service order under Article 62-2 of the Criminal Act;