Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, this judgment is delivered against Defendant B.

Punishment of the crime

[Criminal Justice] On November 29, 2012, Defendant A was sentenced to imprisonment and three years and six months at the Seoul Central District Court on January 30, 2013, and the judgment became final and conclusive on January 30, 2013.

[2012 Highest 7153]

1. Violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

A. A. Around September 2010, the Defendant, a title trustee, committed the crime of F, at a restaurant where the trade name near H’s house located in Nam-gu Incheon Metropolitan City G is unknown, the Defendant entered into a title trust agreement with F to purchase the third floor of J No. 3, Jung-gu, Incheon, Jung-gu, Incheon, and received all documents necessary for completing the registration of ownership transfer from F to do so. On September 28, 2010, the Defendant completed the registration of ownership transfer on September 13, 2010 in the name of F with respect to the said building.

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

B. Around December 2010, the Defendant: (a) entered into a title trust agreement with K to purchase the Defendant’s sales office located in Bupyeong-gu Incheon Metropolitan City L; (b) entered into a title trust agreement with H to purchase Pyeongtaek-si N No. 102, 1702, 1702 (hereinafter “N apartment”); and (c) received all documents necessary to complete the registration of ownership transfer; (d) on January 13, 201, the Suwon District Court’s registration of housing site source and the registration of ownership transfer for the said apartment under the name of H to December 30, 2010.

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

2. On January 13, 2011, the Defendant borrowed the name of K to obtain the registration of ownership transfer on N apartment under his/her name, and thereafter, K as the obligor, set up a mortgage of KRW 182 million with the maximum debt amount and borrowed KRW 140 million from the Savings Bank.

After that, the Defendant, around January 26, 201, was located in Pyeongtaek-si 101, Pyeongtaek-dong 101.