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(영문) 부산지방법원 2017.05.12 2016고합423 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] The defendant shall be punished by imprisonment for five years.

[Defendant B] The defendant shall be punished by imprisonment with prison labor for six years.

Reasons

Punishment of the crime

"2016 Gohap 423- Defendants A are real estate enforcement agents, and Defendant C is a person who has attempted to work from around 2009 to Defendant A.

Defendant

B is a person who has been in charge of real estate security loan as a new director at the H branch of SC Japan Bank H.

Defendant

A, Defendant C, and Defendant B purchased an unsold building in the name of a false seller, etc., and as if they purchased the building at a lower price than the sale price, they prepared documents, applied for a loan on a financial right, received a loan, and offered loans in installments.

Defendant

A and Defendant C decided to divide them into recruitment of false buyers, preparation of down payment, etc., and Defendant B decided to divide them into bank loan arrangement.

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 in the name of the trustee under the name of the trust agreement;

Defendant

B decided that Defendant A and Defendant C “I have lent the name so that it can be loaned,” and Defendant A and Defendant C recruited the trustees, and Defendant B confirmed whether they are those with credit standings that could be able to lend the balance through the name trustee’s credit inquiry.

A. On January 19, 2012, Defendant A, Defendant C, and Defendant B, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, sold ten rooms of 10,567,000,000 unsold in Seo-gu, Seo-gu, Busan to pay the down payment of KRW 210,567,00,00. On January 27, 2012, a trustee was recruited to pay the balance with the money loaned from a financial right.

Defendant

A on the same day, after entering into a trust agreement with J as to the above 109 commercial buildings in the Seo-gu Busan International Sale Office, and paying three million won as the price for the nominal trust, a trustee under the name of J upon completing the registration of transfer of ownership under the name of J as to the above 109 commercial buildings.

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