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(영문) 전주지방법원 군산지원 2017.02.15 2016고단1365
부동산실권리자명의등기에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for ten months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

[Basic Facts] On January 201, 2014, Defendant B did not lease the real estate under the name of Company D (hereinafter “D”) due to the very poor financial standing of Company D (hereinafter “D”), or had concerns over exercising the right to real estate under the name of D by the creditors who did not receive any loan from the financial institution that received the loan and the construction cost, Defendant B prepared a false transaction contract with Defendant A on the real estate under the name of Defendant A, and prepared a false transaction contract with Defendant A for the real estate under the name of Defendant A and intended to sell it to an unspecified victim with an external form as if Defendant A had relatively good credit standing.

[Criminal facts]

1. No person who is a defendant shall register any real right to real estate in the name of the trustee under the name of the trustee pursuant to the trust agreement;

Nevertheless, around January 8, 2014, the Defendant entered into a trust agreement under the name of the trust holder of the above real estate with the Defendant as a trustee of the above real estate, and completed the registration of transfer of ownership in the name of the Defendant on the same day.

2. Defendant B

(a) 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, around January 8, 2014, the Defendant entered into a trust agreement with the Defendant as a truster of the above real estate in the name of the above real estate, and completed the registration of transfer of ownership in the name of A on the same day.

B. On February 13, 2014, the Defendant entered into an oral agreement with the victim G and the said F building KRW 706,00,000,000, and the lease period of two years for the lease by obtaining documents, such as power of attorney, from the D Office located in the Si, Gun, Busan, to lease from the victim G and the said F building at the D Office.

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