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(영문) 서울중앙지방법원 2014.07.10 2013고단5869
사기등
Text

Defendant

A 1-A of its holding

(i)No. 1-A of the Decision, with respect to the offence, KRW 2 million;

(ii)(b).

crime and judgment No. 3-4

Reasons

Punishment of the crime

On April 28, 2010, Defendant A was sentenced to a suspended sentence of two years in the Seoul Central District Court for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the said judgment became final and conclusive on May 7, 2010.

Defendant A is the actual owner of No. 503-1, 503-2, and 503-3 (hereinafter “each of the instant real property”) of the fifth floor of the H Building on Seo-gu, Busan, Seo-gu, and four parcels, and Defendant B is the representative director of the corporation I.

1. Defendant A

A. A. Around January 14, 2008, the Defendant committed a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (1) on the Registration of Real Estate under Actual Titleholder’s Name, concluded a title trust agreement with the Busan District Court of Busan, Busan, and decided to complete the registration of ownership transfer under the Defendant’s father’s name after being awarded the bid of each of the instant real estate, and completed the registration of ownership transfer under the name of the said J in accordance with the above title trust agreement.

Accordingly, the Defendant registered the real right to real estate under the name of the above J, a title trustee, according to the title trust agreement.

(2) On March 28, 2011, the Defendant committed the crime of March 28, 2011, at the Busan District Court Busan District Court, transferred the ownership of each of the instant real estate to I in the future, and made a title trust agreement with B, the representative director of the said company, and completed the registration of ownership transfer for each of the instant real estate in the name of I in accordance with the above title trust agreement.

Accordingly, the Defendant registered the real right to real estate in the name of the title trustee corporation I according to the title trust agreement.

B. Around June 201, the Defendant agreed with the above B to provide the Victim GK with each of the instant real estate as collateral and to divide the ownership of each of the instant real estate by receiving the loan.

Accordingly, the defendant is the lessee and deposit who resides in Section 503-1 among each of the real estate in this case from the above B.

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