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(영문) 인천지방법원 2015.11.05 2014고단8575

사기등

Text

1. Defendant A shall be punished by imprisonment for four years, by a fine of 2,00,00 won, and Defendant C shall be punished by imprisonment for four months.

2...

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to a suspended sentence of two years on October 3, 2014 by the Incheon District Court for a violation of the Illegal Check Control Act on September 25, 2014 and the judgment became final and conclusive on October 3, 2014.

【Criminal Facts】

"2014 Highest 8575"

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 according to the title trust agreement;

A. The Defendant: (a) purchased an unsold loan under another’s name; and (b) sold it again at a higher price; and (c) purchased the loan under another’s name in order to obtain the benefit of difference in the market price.

Around October 2012, the Defendant concluded a title trust agreement with B, stating that “If the Defendant lends the name of three months, he/she will give KRW 50 million to B” at the NB lending office located in Gyeyang-gu Incheon Metropolitan City.

Around November 7, 2012, the Defendant purchased total of 28 households of the Incheon Gyeyang-gu Incheon District Court P and Q from P and Q at the Gyeyang-gu Incheon District Court Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Gyeyang-gu’s Office, and had a certified judicial scrivener under his name complete the registration of ownership transfer under the name of a title trustee,

B. Defendant B’s above 1. A

After concluding a title trust agreement with A on November 7, 2012, the Incheon District Court Gyeyang-gu, Gyeyang-gu, Incheon, completed the registration of ownership transfer in the name of the defendant with respect to the above Njra A Dong and C Dong 28 households, as shown in the attached crime sight table (1).

C. On October 2012, the Defendant: (a) received a request from A to purchase the NA Dong and Dong Dong around the end of October 2012 and received a request from A to help B carry out the re-sale business; and (b) knew that A intended to complete the registration of ownership transfer for the said real estate under the name of B; (c) around November 2, 2012, the said NA Dong and Dong 28 households were the seller P.