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(영문) 부산지방법원 2019.06.26 2019고단1872
사기미수등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2018, the Defendant prepared a false complaint against B with the intent to have B criminal punishment imposed upon B at the International Office of Law Firm International, which is located in 28 as the Busan Annual District Court.

B around June 2009, “A (Defendant) purchased a building C, building D, and building C, and used it as a free school for research prior to and free school for E. B, and on December 15, 2011, the title trust of B, which was a tax issue related to two houses for one household, demanded B to return the above loan around March 201, 201, and B requested B to return the transfer income tax amount of KRW 30 million while refusing to return the loan, and thus, B and the Defendant embezzled the above loan amount of KRW 145 million at the market price.” Since B and the Defendant did not own the above subparagraph D, it was not an embezzlement of B, but an embezzlement of the above subparagraph D, which was owned by B and the Defendant on May 1, 2016.

Nevertheless, on July 16, 2018, the defendant submitted a written complaint to the official in charge who is not able to know his name in the Dongdong Police Station civil petition office, which is located with the Busan Dong-gu Master's Name on July 16, 2018.

2. On May 24, 2018, the Defendant attempted to commit fraud filed a claim for the cancellation of registration of transfer of real estate ownership with the Busan District Court located at the Busan District Court, which was located at the Busan District Court on May 24, 2018. On July 16, 2018, the Defendant filed a claim for cancellation of registration of transfer of ownership in the name of B, stating that registration of transfer of ownership in the name of the actual owner of real estate was invalid pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, since the ownership transfer registration in the name of B should be cancelled as the registration of invalidation of cause.

However, as described in the above Paragraph 1, the Defendant entered into a title trust agreement with B on December 15, 201.

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