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(영문) 대전지방법원 홍성지원 2016.06.21 2015고단860

무고등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

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 June 13, 2014, the Defendant registered the real right to real estate in the name of the trustee in the name of the Daejeon District Court of Hongsung-gun, Daejeon, which was located in Hongsung-gun, in the name of the principal debtor, in the name of the principal debtor, by registering D in the name of "F," which was paid by D as the repayment of the construction cost, in lieu of the principal debtor's payment of the construction cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on completion of notes, a certified copy of registry;

1. Relevant legal provisions concerning facts constituting an offense, Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the Selection of a fine (including the fact that the defendant recognized the error and reflects the fact that the defendant is wrong, and that the defendant has no record of committing an offense, in addition to the punishment of fines twice, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On August 2014, the Defendant: (a) at the H office located in Seongbuk-gu, Sungnam-si, Sungnam-si, notified I certified judicial scrivener of the details of the complaint; and (b) had I prepare a written complaint.

On December 23, 2013, the complaint filed by the defendant D, the plaintiff, repaid the debt amount of KRW 90 million to the victim A in lieu of the building E, the building E, and the building No. 402, in the Chungcheongnam-nam Budget Office, the defendant C, the defendant of which was granted a loan of KRW 45 million from Shinyang Agricultural Co., Ltd. on April 7, 2014 and registered a collateral creation with the maximum amount of KRW 50 million in the above 402, thereby causing damage equivalent to the same amount to the victim, which was punished.

However, at the time, the Defendant agreed to succeed to the loan obligation of KRW 45 million borrowed from the New Agricultural Cooperative on April 7, 2014, and received the repayment of the building E(B) and received the substitute reimbursement of KRW 402. Thus, the Defendant damages to the Defendant at the time D.