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(영문) 부산지방법원 2019.03.06 2018고단3354
사문서위조등
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1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 3354"- Defendant A

1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name may register any real right to real estate in the name of the title trustee pursuant to the title trust agreement;

On July 15, 2013, the Defendant purchased 1678 square meters of land D 1678 square meters from C from the Busan District Court’s Dong Branch Branch, located in 20,000,000,000,000,000 from the Busan District Court’s Busan District Court’s Dong Branch, but completed the registration of ownership transfer under the title trust agreement with E, and completed the registration under the title trust agreement with E, which is the title trustee.

2. From around July 9, 2015, the Defendant: (a) purchased the land D in Busan-gun in the name of the said E in a de facto marriage relationship with B; and (b) around July 9, 2015, in order to prevent the seizure, etc. of the said land from being established due to the existing debt of E, the Defendant created a collateral security right with the obligor, E, the maximum debt amount of KRW 180,000,000, and the collateral security right with the mortgagee B, even though there was no transaction relationship with B, which actually caused the seizure, etc. on the said land.

Since then, the Defendant agreed with B to use the foregoing right as a security for the Defendant’s obligation to B with respect to the foregoing right by borrowing money from B. On November 9, 2015, KRW 50 million around January 30, 2016, KRW 100 million around April 26, 2016, KRW 30 million around May 10, 2016, and KRW 15 million from B to repay part of the loans around March 20, 2017. On June 30, 2017, the Defendant cancelled the registration of the establishment of a mortgage to KRW 160,000,000 from the above KRW 160,000 to B, KRW 160,000,000,000 around the same day, KRW 16,50,000 around the same day, KRW 75,500,00 among the land divided under the name of G 16,507,00.

However, since the defendant's obligation against B still remains, the defendant is in the name of F, G, and H land.

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