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(영문) 서울남부지방법원 2017.10.19 2016고단6426
부동산실권리자명의등기에관한법률위반등
Text

Defendant

A shall be punished by fine of 10,00,000 won, by imprisonment of 1 year and six months, and by imprisonment of 1 year and six months, respectively.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Western District Court on July 3, 2014, and the judgment became final and conclusive on December 8, 2014. On July 31, 2015, Defendant B was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Western District Court, and the judgment became final and conclusive on November 14, 2015.

Defendant

C On October 30, 2014, the Seoul Western District Court was sentenced to four years of imprisonment for fraud, etc., and the judgment became final and conclusive on January 29, 2015.

Defendant

D was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court on November 8, 2010, and the execution of the sentence was terminated on March 16, 201. On November 28, 2014, Cheongju District Court was sentenced to one year of imprisonment with prison labor for fraud, and the judgment became final and conclusive on February 9, 2015.

[Criminal facts] Defendant B, C, and D paid the lease deposit of KRW 160 million to the E Apartment F Co., Ltd. (hereinafter “the apartment of this case”) in Yangsan-si

With respect to G’s leased apartment, Defendant B and nameless winners (one name “H”) paid the purchase price of KRW 29 million with the purchase price, and purchased KRW 189 million from I, the owner of the instant apartment, in the name of Defendant D, and completed the registration of transfer of ownership under the name of Defendant D on the condition that he/she would leave the lease deposit of G, and conspired to acquire money by furnishing the victim K and L as collateral through the “J” through the loan brokerage chain as if there is a value of collateral for the instant apartment.

1. No person who violates the Act on the Registration in the name of the person having the real right to real estate held by the Defendants shall register the real right to real estate in the name of the trustee under the title trust agreement;

On January 16, 2012, the Defendants purchased the instant apartment from I to KRW 189 million ( KRW 160,000,000,000,000,000,000,000,000,000,000,000) of the instant apartment from G) and completed the registration of ownership transfer in Defendant D’s name on the same day at the Busan District Court Yangsan Branch registry.

As a result, the Defendants conspired to enter into a nominal trust agreement on the ownership of the instant apartment.

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