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(영문) 서울남부지방법원 2013.08.16 2013고합81
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Criminal records were sentenced to two years of imprisonment for fraud at the Seoul Southern District Court on February 12, 2013, and the judgment became final and conclusive on May 9, 2013.

2. On February 10, 2010, the Defendant concluded a contract to purchase 23 households of the above officetel 23 from D Co., Ltd., the owner of the said officetel 6,734,860,490 won in a lump sum, after purchasing 23 households, such as 902 moving in Gangseo-gu Seoul Metropolitan Government Ctel, and purchasing them at the market price.

The Defendant intended to offer the said 23 households as security to the FF Credit Union located in Gangseo-gu Seoul Metropolitan Government and pay the purchase price for the loan. However, with the knowledge that the said 23 households cannot receive the loan exceeding 500 million won even if there exists a security, the Defendant was willing to acquire the loan from the said 23 households under title trust to another person, and to pay the purchase price by receiving the loan from the said FF Credit Union under the name of the title trustee, as if the title trustee was the actual owner.

On February 19, 2010, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name: (a) the Seoul Southern District Court Gangseo-gu Seoul Metropolitan Government District Court’s Gangseo-gu registry; (b) had a certified judicial scrivener employee submit necessary documents to complete the registration of ownership transfer under G’s name on the said officetel’s moving 902; and (c) completed the registration of ownership transfer due to sale as of February 10, 2010; and (d) registered a real right to real estate under the name of the title trustee

The Defendant registered the real right to real estate under the name of the title trustee in accordance with the title trust agreement with respect to the said 13 households, as stated in the attached list of crimes (1) including the above crimes.

B. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is to move 501 to the above officetel on February 11, 2010, and the Defendant is to move 902 to the above officetel.

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