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(영문) 울산지방법원 2016.02.18 2015고단2928
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On May 2012, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name is the actual owner of a multi-household C’s land in Ulsan-gu and a multi-family housing on the said land (hereinafter “E building”).

No one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.

Nevertheless, the Defendant, who was under bad credit standing at the time, could be subject to seizure in the event of registering the land and buildings under his name. Thus, the Defendant, upon request from the Konam F (the same day summary indictment), failed to register the land and buildings under his name.

On May 2012, the Defendant was operated by the Defendant in Ulsan-gu G in the name of the first day, Ulsan-gu, Seoul-do.

At H office, F requested F to “I will be able to obtain a loan if I would have to obtain a loan in the future due to a lower credit rating,” and F entered into a trust agreement under the name of the Defendant as a truster and the name of F as a trustee by accepting this request.

Since May 30, 2012, the Defendant: (a) purchased the above land and newly constructed a building, the Defendant registered the ownership transfer on May 30, 2012 in the name of the said F for the land; and (b) registered the ownership preservation on the same day for the building.

Accordingly, the Defendant registered the ownership of real estate in the name of the above F in accordance with the nominal trust agreement.

2. The Defendant, while constructing the above building, borrowed money from the neighbors without investing more than KRW 50 million, and the money of the Defendant’s mother and child considered to remain a difference by obtaining loans in the process of completing the construction of the building and then covering it with the unregistered resale after completion. However, even though the Defendant did not seek a buyer, the Defendant’s demand for the payment of the construction price was stated in the above paragraph 1.

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