beta
(영문) 인천지방법원 2018.02.19 2016고단3427 (1)

사기등

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2016 Highest 4914" [Defendant A] The defendant is the B representative director of the corporation.

B around August 2015, around 2015, acquired E Apartment apartment (hereinafter “instant apartment”) 264 households, a rental apartment located in Gyeong-gun, Gyeong-gun (hereinafter “instant apartment”). On April 23, 2010, the instant apartment was set up a collateral security right (hereinafter “mortgage”) with the National Bank of Korea and the maximum amount of claims 11.728.6 billion won.

According to the following evidence, the Defendant, the name trustee, in order to reduce the loan ratio B, the “G” stated in the indictment appears to be a clerical error.

(hereinafter the same shall apply)

As if sold, the registration of transfer of ownership was made and the F was given a loan to the National Bank B in F name to repay part of the loan to the National Bank B.

On September 25, 2015, the Defendant agreed to register the transfer of ownership in the name of F, a trustee of the instant apartment complex owned by B, including around 701, 202, 402, 104, 204, 702, 601, 202, 602, 803, 503, 904, 1205, 106, 206, 906, 1306, 703, 1203, 1203, 1104, 802, 701, 702, 702, 202, 202, 602, 702, and 702, and registered the ownership in the name of F as the reason for registration on August 13, 2015, respectively.

Accordingly, the Defendant registered the real right to real estate in the name of the nominal trustee according to the nominal trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report of investigation and a certificate of full registration (for a net 34);

1. Article 7(1)1 and Article 3(1)1 of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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