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Defendant
A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. On August 301, 2001, the Defendants’ co-principal Defendant A failed to repay KRW 50 million to financial institutions, and as at the time, the victims C who jointly and severally guaranteed the above loan obligation made a substitute payment for the above loan obligation. On August 16, 2001, Defendant A prepared a loan certificate stating that the victim would repay the above loan worth KRW 50 million to the victim by November 30, 2001. However, the victim who failed to repay the above loan obligation by the Defendant A had filed a claim for the loan against the said Defendant with the Ulsan District Court on June 30, 201, the same year.
9. 10. Judgment in favor of the court was rendered.
Since then, around September 7, 2018, Defendant A entered into a sales contract with D organization to purchase the land of Ulsan-gu E (hereinafter “instant land”) with KRW 29 million, Defendant A conspired with Defendant B to complete the registration of ownership transfer to sell the instant land to the said B with a view to evading the victim’s compulsory execution, and set the right to collateral security in the name of Defendant A’s wifeF.
Accordingly, around November 9, 2018, Defendant A entered into a sales contract with the Ulsan District Court located in 55 under the Act of Ulsan-gu, Ulsan-gu with a false sales contract stating that “A entered into a sales contract with B on November 2, 2011 of the same year with respect to the instant land,” and completed the registration under B on the same day after filing an application for the registration of ownership transfer under the name of B, and filed an application for the registration of ownership transfer with the mortgagee F, debtor B, and maximum debt amount of KRW 80 million on the same month on the 13th day of the same month.
As a result, the Defendants conspired to commit a false transfer of the instant land to Defendant B for the purpose of evading the victim’s compulsory execution.
2. No person who committed the crime against Defendant A shall register any real right to real estate under the name of the title trustee pursuant to the title trust agreement;
Nevertheless, the defendant A is identical to the above paragraph 1.