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(영문) 인천지방법원 2018.07.11 2017고단996

부동산실권리자명의등기에관한법률위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 27, 2013, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the judgment became final and conclusive on September 4, 2013.

1. On April 2013, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name, obtained consent from C to the registration of the transfer of ownership in the name of C.

On April 8, 2013, the Defendant concluded a sales contract under the name of the buyer C to purchase KRW 42 million from the E Authorized Broker Office located in Nam-gu Incheon Metropolitan City, Incheon, to purchase KRW 202,00,00,000 from the F-owned Dara (B) G in Nam-gu, Incheon (hereinafter “the loan of this case”).

On April 24, 2013, the Defendant completed the registration of the transfer of ownership on April 8, 2013, for the instant loan.

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

2. On April 8, 2013, the Defendant entered into a sales contract to purchase F and the instant loan in the purchaser’s name with respect to F and the instant loan, such as the foregoing E’s office, at the said E’s office, but the sales contract entered into a false sales contract as if the purchase price was 70 million won.

C around April 24, 2013, at the same place, filed an application for a loan with a person in charge of lending a Korean bank (hereinafter “victim bank”) for a victim’s national bank (hereinafter “victim bank”), and issued a false transaction agreement as if the loan of this case was purchased at KRW 70,000,000, and entered into a loan transaction agreement requesting a loan of KRW 39,80,000,000,000 as security.

The Defendant and C conspired, as seen above, by deceiving a person in charge of the lending of the victim bank, and by deceiving the person in charge of the lending of the victim bank, he/she received the money from the victim bank on April 24, 2013 as a loan, and acquired it.

3. Forgery of private documents, uttering of a falsified investigation document, and fraud;

A. The Defendant forged a private document. Around May 10, 2013, he/she is an officially certified broker.