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Defendant
A shall be punished by imprisonment with prison labor of ten months, and by a fine of one million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A is the fraud of Defendant B.
1. Defendant A violated the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “instant apartment”) purchased from GS Construction Co., Ltd. (hereinafter “GS Construction”), and entered into a title trust agreement with Defendant B with respect to the instant apartment.
Defendant
A On May 12, 2010, Defendant A purchased the instant apartment from GS Construction, and completed the registration of ownership transfer on the instant apartment in the name of B on May 20, 2010.
Accordingly, Defendant A registered the real right to real estate in the name of the title trustee according to the title trust agreement.
B. Defendant B completed the registration of ownership transfer of the instant apartment in Defendant B’s name.
Accordingly, Defendant B registered the real right to real estate in the name of the title trustee according to the title trust agreement.
2. On July 27, 201, Defendant A entered into a lease agreement with the victim D with regard to the instant apartment at the office of G Licensed Real Estate Agent in Yong-gu, Young-gu, Young-gu, Seoul, with a view to KRW 1,50,000,000. On September 30, 201, Defendant A, at the same time, entered into a lease agreement with the victim D with respect to the instant apartment. On September 30, 201, Defendant A revoked the second-class collateral security in the name of the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) established for the instant apartment, and entered into the said agreement with a special agreement with the effect that the debt amount shall be KRW 367,200,000,000,000 for the maximum debt amount at the time, with respect to the first-class collateral security in the name of the South Mine Agricultural Co.
However, in fact, Defendant A discontinued the gas station operated on March 22, 2010 due to the aggravation of management, and Defendant A bears a total of KRW 600 million to the Credit Guarantee Fund, etc. at the time.