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(영문) 인천지방법원 2015.12.23 2015고단4677
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of 1,00,000 won, and by imprisonment of 10 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B On October 24, 2013, the Incheon District Court sentenced 1 year and six months of imprisonment for fraud, etc., which became final and conclusive on July 10, 2014.

1. Defendant B

A. Around January 25, 2013, the Defendant filed an application for a loan of KRW 200 million in the name of A with five households for multi-households located in Hamsan-gu, Hamsan-si (Nos. 101, 102, 103, 401, and 402) located in the E-legal office located in Ansan-si, Seoul-si, Seoul-si, for a loan of KRW 100 million in the name of A.

However, at that time, the Defendant was unable to obtain a loan under the name of the Defendant because the credit rating was lower than 3.5 million won on the monthly interest of 300 million won, and the Defendant was unable to obtain a loan under the name of the Defendant. At that time, the Defendant attempted to operate a real estate investment business by purchasing real estate without any particular one’s own capital and remodelling it. At that time, the said G real estate was also owned by the previous lessee with the obligation to return the lease deposit amount of 30 million won or more, and there was no way to raise funds for remodeling in the actual situation of purchasing the loan from the employees of the Jeonnam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong without any capital, even if the Defendant was to obtain a loan under the name of the victim A with no way to raise funds for remodeling, the Defendant did not wish or ability to repay the loan normally, and at the time of applying for the loan, the said multi-household is a lessee of 10 million won or more, and the Defendant did not present the fact at that time.

Ultimately, around February 1, 2013, the Defendant, by deceiving the victim as such, received KRW 200 million from the victim to the Suhyup Bank account in the name of a collateral loan for the said multi-households.

(b).

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