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(영문) 수원지방법원 성남지원 2015.03.27 2015고단288
사기등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A, a person who engages in a building business with the trade name of "E", was to receive from the owner G of the F building in Hongcheon-gun, Hongcheon-gun, the construction cost of the building from the owner G of the building in lieu of the construction cost.

At the time, Defendant A entered into a title trust agreement with Defendant A’s wife H and 302 of the loan, respectively, to complete the registration of ownership transfer in the name of Defendant B because the credit status is not good.

1. On August 11, 2009, Defendant A completed the registration of transfer of ownership on the ground of sale on July 30, 2009 under Defendant B’s name, at the Hongcheon District Court of Chuncheon, which is located in Hongcheon-gun, Hongcheon-ro 8, Hongcheon-ro, Hongcheon-gun, Hongcheon-do, Hongcheon-gun, the third floor of the F building of 302, 59.94 square meters in the name of Defendant B.

Accordingly, Defendant A registered the real right to his own real estate under another person’s name according to the title trust agreement as above, and Defendant B registered the real right to real estate of the person having the actual right under his name according to the said title trust agreement.

2. On October 6, 2009, Defendant A made a false statement to the effect that “When concluding a lease agreement with respect to No. 302 of the loan and paying a deposit amount of KRW 55 million, Defendant A would return the deposit amount to the victim L through K, which had been engaged in the sales of the loan by the J Licensed Real Estate Agent Office in Hongcheon-gun, Hongcheon-gun, Seoul., the Defendant made a false statement to the effect that “I would fit the victim who is asked to be suitable for the lessor(B)” by telephone.

However, the above lending No. 302 was registered under the title trust agreement, and at the time, the Defendant did not pay taxes equivalent to KRW 7,634,00,00,000 to B, and even if the period of the lease expires, there was no intention or ability to immediately refund the deposit to the victim even if the period of the lease expires.

Nevertheless, the defendant is under the name of the victim's contract deposit around October 7, 2009.

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