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(영문) 서울동부지방법원 2020.07.23 2019고단4140
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 1979, the Defendant reported a marriage with B on March 7, 1979, and lived as a married couple. However, on November 15, 2002, the Defendant filed a divorce lawsuit with the Seoul Family Court and filed a divorce lawsuit on June 24, 2003, and filed a divorce report with the Seoul Mine-gu Seoul District Court on January 12, 2006.

In the process, on March 23, 2004, the number of the Defendant was changed from the Gwangjin-gu Seoul Special Metropolitan City H to I on November 9, 2004.

The real estate waiver statement is prepared to B, which gives up all rights such as the right to claim ownership transfer registration as to housing (including the above land and housing; hereinafter in this case) with the above ground brick 117.7 square meters and the above ground brick 2-story, and there is a fact that it was certified by D office around April 1, 2004.

1. On May 14, 2019, the Defendant made a false entry in the authentic copy of a notarial deed and a false entry into a computerized entry of ownership transfer registration based on property division as of June 24, 2003 in the land register and building register of the Seoul Eastern District Court located in 101 as the Seoul Songpa-gu Seoul District Court, despite being aware of the fact, despite having written a rejection of real estate waiver as above, so that it can be electronically entered into the land register and building register of the real estate in the name of the Defendant.

Accordingly, the Defendant filed a false report to a public official, and recorded false facts in the land register and building register, which is the same electronic records as the original of a notarial deed, and had him/her keep the above land register and building register on which the false facts are recorded.

2. Since the Defendant renounced ownership of the instant real estate as above, the Defendant did not have the authority to dispose of the instant real estate, and even if the instant real estate was sold to a third party, the prosecutor around May 22, 2019, stated in the indictment that “the Defendant around May 14, 2019” was “Around May 2019.”

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