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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 31, 2007, at a restaurant where it is impossible to know the name located in the Namsan-dong, Ulsan-gu, Busan-do, and where the Defendant was issued KRW 40 million from the victim C on the ground that, “If the principal of the loan is to be paid within KRW 40 million since there is a lack of expenses to construct an apartment near Gyeyangsan-do, the Defendant would be paid the interest on the loan, and if he/she borrowed the apartment, he/she would be paid the principal at a prompt time after the borrowing, and if he/she is well in the business, he/she would not interfere with the loan.” The Defendant received KRW 40 million from the victim on or around August 31, 2007.
In fact, at the time of the purchase of apartment land, the Defendant was not able to carry out the business under his name due to bad credit standing, and there was no particular property or import, and there was little funds to promote the apartment business normally. The purchase of apartment site of KRW 21,000,000,000,000, which is required to be equivalent to KRW 1,000,000, and was appropriated with loans from 1,000,000,000,000,000,000,000,000,000,000,000,000 won, and there was no ability to raise funds for purchase of adjacent land or construction of over-the-counter apartment site.
Accordingly, the defendant was taken over property by deceiving the person.
2. 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 under the name of the title trustee;
On September 21, 2007, the Defendant asked G and H to the effect that he borrowed the name of ownership from the place of the house of Ulsan-gu F building G, Ulsan-gu to the effect that he borrowed the name of the owner of G and H from the place of the house, and around that time, he was allowed by H to purchase the size of 2,141 square meters and building 246 square meters from H and co-owners H and G.