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(영문) 부산지방법원 2018.07.12 2017고단5292

사기등

Text

Defendant 2 is sentenced to a fine of 4,00,000 won for the crimes of 2017 senior group 5292, and imprisonment for six months for the crimes of 2018 senior group 14.

Reasons

Punishment of the crime

[criminal record] On November 13, 2014, Defendant A was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Busan High Court on November 21, 2014, and the judgment became final and conclusive on November 21, 2014 (hereinafter “final and conclusive judgment”); on July 15, 2016, Defendant A was sentenced to imprisonment for one year and two months for a crime committed before the final and conclusive judgment at the Busan District Court, and the judgment became final and conclusive on July 27, 2016 (hereinafter “final and conclusive judgment”) and the parole period expired on December 23, 2016 during the execution of the sentence (hereinafter “final and conclusive judgment”). < Amended by Act No. 14373, Feb. 1, 2017>

“2017 Highest 5292: Defendant A

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 in the name of the trustee under the name of the trust agreement;

On January 5, 2013, the Defendant entered into a trust agreement with the E to have the purchaser registered under the name of the E when purchasing from Geum-gu Busan Metropolitan Government C Apartment-gu 4, 501, and on January 14, 2013, the Busan District Court registered the transfer of the ownership of the said apartment in the name of the trustee at the Geum-gu, Busan District Court's registration office in the name of the trustee.

Accordingly, the defendant registered the ownership, a real right to real estate as a nominal truster, in another person's name.

2. On January 14, 2013, the Defendant: (a) at a coffee shop in which the trade name located in the Seosan-dong, Busan Metropolitan City, was unknown, the Defendant: (b) set out and leased to F the staff in charge of loans from the head office of the eropo-dong branch in the eropo-dong branch in the eropo-dong, Busan Metropolitan City, the deposit amount of KRW 401,500,000 per month; and (c) thereafter, the lessee is expected to move to directors.

“A false representation was made.”

However, in fact, since the tenant of the above apartment house was leased with a deposit of KRW 80 million, it is impossible to make a loan because the value of the apartment house is over KRW 10 million if it is deducted. The tenant did not have a plan to make a director thereafter, and the defendant did not have any particular property or income, and therefore, he wishes to pay the above loan obligation.