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(영문) 인천지방법원 2013.09.25 2013고단1533

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. 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, around June 20, 2009, the Defendant purchased 1, 401, Dong-gu, Incheon Metropolitan City C Building No. 1, 401, and completed the registration of transfer of ownership in the name of F, the title trustee, pursuant to the title trust agreement with the Defendant’s consent, to F, who was ordinarily close at the “E Real Estate Office D” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, stating that “A real estate was lent the name to purchase real estate supplied” and completed the registration of transfer of ownership in the name of F, the title trustee pursuant to the said title trust agreement.

2. Around August 2009, the Defendant, at a main point where it is impossible to identify the name located in Nam-gu Incheon Metropolitan City, Nam-gu D, 2009, recommended the victim G with ordinary friendship to purchase the loans referred to in paragraph 1 from the victim G with ordinary friendship, saying, “I would like to deal with the real estate sales contract business if it is a real estate with investment value.”

However, on August 10, 2009, the Defendant did not notify the victim of the establishment of the right to collateral security with the maximum debt amount of KRW 98 million, even though the Defendant obtained a loan from the Onnuri Credit Union as collateral and established the right to collateral security with the loan amount of KRW 98 million.

The Defendant deceivings the victim as above and received from the victim a transfer of KRW 110 million to the account under the name of the Defendant as the purchase price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. The relevant legal provisions concerning the facts constituting an offense shall be punished by imprisonment under Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Article 347 (1) of the Criminal Act, and each of the imprisonment;