A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 13, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court and two years of suspended execution, and the judgment became final and conclusive on July 6, 2012.

No one may register real estate in the name of the title trustee pursuant to the agreement on title trust.

Nevertheless, on May 15, 2008, the Defendant entered into a title trust agreement with the purport to register 231.42/1906 of 231.42/190 of the land, which was 642 square meters in the name of Pyeongtaek-gun, Gangwon-do, and then completed the registration of ownership transfer in the name of D around the 20th of the same month and from that time until March 7, 2011, as shown in the attached list of crimes: Provided, That the registration date on May 6, 2009, which appears to be a clerical error in light of the investigation record, is deemed to be the “registration date on May 13, 2009”, and the “969 square meters” on May 21, 2009, respectively, with the “952 square meters” (see, e.g., the investigation record 230 square meters, 288).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Each accusation;

1. Investigation report (Attachment to a certified real estate register);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, dispositions not presented, and confirmation reports;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for Criminal Facts and the Selection of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;