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(영문) 울산지방법원 2014.09.26 2014고단769
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, around August 25, 2008, the defendant had F, who is the defendant's own type, applied for the registration of transfer of ownership for the reason of sale in the name of F and F pursuant to a title trust agreement with F, which is the defendant's own type, and F, for the registration of transfer of ownership for the reason of sale in the name of F, under the title of the title of F, which is the F, and F, for the same day.

Accordingly, the Defendant completed the registration of ownership transfer under the name of F, a title trustee, according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of statutes to each certified copy of the register;

1. Article 7 (1) 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name - Selection of imprisonment;

1. Division of the crime under suspended execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that there seems to be no specific economic benefit, such as tax evasion, etc. through the title trust of this case, the fact that there is no penalty power of imprisonment with prison labor, and that there is a penation of errors);

1. At the time of March 2009, the Defendant was under circumstances that it was difficult for the Defendant to make up for the cost of living due to the lack of revenue of KRW 1,00,000 per month, and there was no particular property, and the Korea Deposit Insurance Corporation bears the obligation of KRW 727,00,000 against the Korea Deposit Insurance Corporation. As to the land and building for Eteteteteteteteel owned by the Defendant Co., Ltd. and owned by the Defendant C, it is difficult for the Defendant to make a additional loan from the financial right because the sum of maximum debt amount is set at KRW 6.5 billion.

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