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(영문) 대구지방법원 서부지원 2014.04.04 2014고단103
사기등
Text

The defendant shall be punished by imprisonment with prison labor for one year.

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

1. On November 2010, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name: (a) entered into a title trust agreement with C to register in the name of C the name of 3,124 square meters, F 1,253 square meters, at the D Real Estate Office located in Daegu-gu, Daegu-gu; and (b) obtained a resident registration certificate and a certificate of seal from C.

On November 1, 2010, the Defendant: (a) purchased the said real estate from G around the end of November, 2010, prepared a false sales contract to purchase the said real estate in the name of C; and (b) completed the registration of ownership transfer in the name of C on December 17, 2010 at the registry located in the Daegu District Court.

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

2. On December 2010, the Defendant: (a) stated “Seoul-gun E 3,124С; (b) 1,253С” in the column for the location of the site where the real estate sales contract was located; (c) 350,000С in the purchase price column; (d) “G” in the seller’s name column; and (e) marked “C” in the seller’s name column; and (e) marked “C” in the seller’s name column.

Accordingly, the Defendant forged one copy of the real estate sales contract in the name of G, which is a private document on rights and obligations for the purpose of exercising.

3. On December 17, 2010, the Defendant: (a) borrowed KRW 200,00,000 from an employee under his/her name who was aware of the forgery in the 35-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; and (b) exercised the above forged real estate sales contract as if it was duly formed.

4. The Defendant, at the time and place indicated in paragraph (3), presents a forged real estate sales contract as if he had been genuinely formed to an employee of two or more community credit cooperatives within the same time and place, and the said real estate is KRW 300,000,000.

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