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(영문) 서울남부지방법원 2013.04.17 2013고단715
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 3, 2010, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name: (a) around August 3, 2010, the Suwon District Court’s Sungnam Branch Branched by Sungwon-gu, Sungnam-si, Sungnam-si, Seoul and jointly purchased multi-household house B and 35 million won, and completed the registration of ownership transfer under B after jointly purchasing it; (b) on December 1, 2012, the Defendant returned the investment money to B and acquired the entire ownership of the real estate, by entering into a title trust agreement with D, and completed the registration of ownership transfer in the name of a title trustee.

Accordingly, the Defendant registered the real right to real estate in the name of the title trustee according to the title trust agreement.

2. Article 202 of the Forgery of Private Document: (a) the lessee E entered into a lease contract with F who is the ownership of the Gu and obtained a fixed date; and (b) the Defendant succeeded to a lessor’s status as it is, despite having succeeded to a lessor’s status, the Defendant was willing to receive a large amount of loan by forging a lease contract as if the lease contract was a monthly rent contract.

On November 2010, at a place where a location is unknown, the Defendant stated in the form of a real estate lease contract, “Seoul-gu, Sungnam-gu, Seoul-do, No. 202 of the second floor,” “10,000,000,” “one million,000,000” in the deposit column, “D” in the lessor column, “E” in the lessee column, and marked the seal of the above E in advance on the name of E.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations.

3. On November 2010, the Defendant at the H Brokerage Office in Yongsan-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around the end of November, 2010, at the H Brokerage Office, the new forest management office of Yeongdeungpo-gu Agricultural Cooperative 102, Guro-gu, Seoul Metropolitan Government (Seoul Metropolitan Government 435-10).

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