A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

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

On March 31, 2009, the Defendant registered the ownership transfer of the above apartment in the name of D in accordance with a title trust agreement between D and Sungwon-si 102 Dong 1806, Changwon-si, Sungwon-si, Sungwon-si, Changwon-si, pursuant to the registration division of the 681 Changwon-si, Changwon-si, Changwon-si, and Sungwon-si.

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

2. 사문서위조 피고인은 2009. 9. 7.경 부산 금정구 E에 있는 F의 사무실에서 D의 동의를 받지 아니한 채 검정색 볼펜을 사용하여 "현금영수증, G, F 귀하, 一金 : 五千萬원整(￦50,000,000), 상기 금액을 2009. 12. 31.限 보관함. 2009. 9. 7. 보증인 D, H "라고 기재한 후, D의 도장을 그 이름 옆에 찍었다.

Accordingly, for the purpose of exercising, the Defendant forged a cash receipt under the name of D, which is a private document on rights and obligations.

3. The Defendant: (a) borrowed KRW 50 million from F at the same time and place as that set forth in paragraph (2); (b) delivered the forged Cash Receipt to F, as if it were duly formed, as set forth in paragraph (2), and exercised the same.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on Cash Receipts;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is the applicable law to facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1)D of the Criminal Code of the Republic of Korea revokes the complaint;