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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
『2015고단5795』『2015고단5949』 [범죄전력] 피고인 A는 2014. 4. 9. 서울동부지방법원에서 횡령죄로 징역 2년을 선고받아 같은 해 10. 30. 그 판결이 확정되었고, 2015. 5. 8. 같은 법원에서 특정경제범죄가중처벌등에관한법률위반(사기)죄로 징역 2년 6월을 선고받아 같은 해
8.28. The judgment became final and conclusive.
【Criminal Facts】
1. 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;
Defendant
A decided to be awarded a successful bid in the name of another person in Seongbuk-gu Seoul Metropolitan Government 114 Dong 204, and borrowed the name to Defendant B, and entered into a title trust agreement with Defendant B.
In addition, on October 15, 2012, the Defendants received a successful bid in the auction of the Seoul Central District Court on the above 204-204 in the name of Defendant B, and completed the registration of ownership transfer in the name of Defendant B, which is based on voluntary auction, in the registry office of the Seoul Central District Court on the three-lane Seoul Seocho-gu, Seocho-gu, Seoul.
Accordingly, Defendant A registered the real right to real estate under the name of Defendant B, the title trustee, according to the title trust agreement.
2. When the business funds needed to be used as a patrolman on January 1, 2013, Defendant A planned to obtain a loan by taking advantage of the fact that the said 204 subparagraph 204 was registered in the name of Defendant B, as described in paragraphs 1 and 2, Defendant B consented to the preparation of a lease contract with the lessor as the lessor and the receipt of the loan. On November 1, 2012, Defendant A drafted a lease contract with the lessor as to the said 204 as to the said 204 as Defendant B, the lessee, E, 250,000,000 apartment house lease contract.
Defendant
A on January 24, 2013, at the “G Manpower Office” operated by Defendant A located in Gangdong-gu Seoul Metropolitan Government, Defendant A.