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(영문) 서울북부지방법원 2015.07.09 2014고정2026

사기등

Text

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

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

Reasons

Punishment of the crime

On November 21, 2011, the Defendant entered into a title trust agreement with C to register the creation of a neighboring mortgage on the land owned by D, E, forest land E, 2,056 square meters, F, forest land 39,074 square meters in the vicinity of the Seocho-gu Seoul Metropolitan Government.

On November 24, 2011, according to the above title trust agreement, the Defendant completed the registration of creation of a neighboring mortgage with respect to the forest land of the said two parcels of land at the family registry office of Pyeongtaek-gun, Pyeongtaek-gun, Pyeongtaek-gun, the maximum debt amount of KRW 150 million, G, the debtor, the grounds for registration, the contract on November 23, 201, and the registration of creation of a neighboring mortgage with respect to the land of the said two parcels of land as the mortgagee C, the trustee.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Application of a certified copy of the evidence register (No. 2, 170 pages of evidence);

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Around December 10, 2012, the Defendant would immediately cancel the right to collateral security, which was created as collateral on the Gyeonggi-gun E Forest E- 2,05 square meters of forests and fields, and on the 39,074 square meters of F forest and forest land, with payment of KRW 100 million to the victim D by telephone (hereinafter “principal, etc.”) of the sum of KRW 101,316,60,00 (hereinafter “principal, etc.”).

“The promise was made.”

However, the Defendant did not intend to immediately cancel the right to collateral security even if the victim repaid the principal, etc. as above.

On or around December 10, 2012, the Defendant received a total of 101,316,60 won, including principal, etc. from the victim, and cancelled the said collateral on or around March 19, 2014. As to the above KRW 101,316,60, the Defendant’s period (465 days) is equivalent to 6,453,728 won (101,316,60 x 05 x 0.05 x 0.05 x 465 days (10/365 days))).