A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 order 161]

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 in the name of the trustee under the name of the trust agreement;

Nevertheless, on April 13, 2012, the Defendant: (a) entered into a trust agreement with the Nam-gu District Court in the territory of the Republic of Korea, and subsequently, (b) requested the registration of transfer of E’s ownership in the name of the said land at the office of mutual non-permanent certified judicial scrivener in the vicinity of the port branch of the Ma-gu Daegu District Court in the territory of the Republic of Korea; and (c) had an employee in the name of the said certified judicial scrivener’s office’s office, who was in fact, registered the transfer of E’s ownership in the name of the trustee pursuant to the trust agreement in the name of the title, by having the said employee complete the registration of transfer of ownership in the said land on the same day.

2. On July 15, 1998, from around July 15, 1998 to July 3, 2004, the Defendant: (a) borrowed a total of KRW 150 million from the Victim F and did not repay the borrowed money on seven occasions; (b) the Defendant used the borrowed money in the name of the victim as if he would receive the borrowed money and would make a false representation; and (c) the Defendant used it for personal purposes, such as reimbursement of construction expenses.

On July 3, 2012, the Defendant, as stated in Paragraph 1, trusted to E as of July 3, 2012, at the construction site of Nam-gu D’s pentathy, Nam-gu, Seoul, the Defendant would pay the victim the full amount of KRW 150 million of the existing debt if he/she would establish a collateral security on this land under the name of N’s own name and obtain a loan, and would be able to avoid any damage by selling and selling this land and cancelling the collateral security.

“A false representation was made.”

On July 5, 2012, the Defendant continued to find the Saemaul Bank of the Agricultural Center in Ulsan-gu, Ulsan-do along with the victim, E, the trustee of the above land, and had the victim prepare an application for the loan, and have the victim and E provide a certificate of security.