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(영문) 인천지방법원 2015.01.29 2014고단4930
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. Around July 2007, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name entered into a title trust agreement with C to purchase D apartment 1205 (hereinafter “D apartment”) in the name of the Defendant, which was the first week that C would purchase from the housing construction in the name of aggregate construction cost, from the housing construction in the second week.

Accordingly, on July 30, 2010, the Defendant completed the registration of ownership transfer under the name of the Defendant, with the sales contract on July 10, 2007 as the ground for registration, in the original state branch of the Chuncheon District Court located in 1800, Dong-dong, Suwon-dong, Seoul Special Metropolitan City on July 30, 201.

Accordingly, the Defendant entrusted the real right to the above real estate under the name of the title trust agreement.

2. The Defendant, as the registered titleholder of the instant apartment complex, was to obtain a loan from a financial institution on the security of the instant apartment around July 2010.

However, around September 15, 2009, the Defendant leased the instant D apartment with the F as the lease deposit amounting to KRW 90 million, and on November 11, 2009, the F made a move-in report in the name of Dongin G, thereby residing in the instant D apartment.

In order to raise the amount that the Defendant can obtain a loan by exaggerationing the security value of the D apartment in the instant case from the financial institution, the Defendant did not have any lessee on the D apartment in the instant case, and had the intention to forge the details of transfer household inspection (including a dynamic) which is submitted to the financial institution when the Defendant applied for a loan as if he

On July 27, 2010, the Defendant filed a move-in report with the instant apartment at the Dong-dong community service center in the Dong-gu, Nowon-gu, Seoul. On August 12, 2010, the Defendant, without authority, made a move-in report with the purpose of exercising the right at the original site of Gangwon-do. On August 12, 2010, the Defendant used a computer to “A”, “2010-07-27” in the name of the householder (including the person living together) on the date of transfer, “A”, “a disturbance”, “a blank-27”, “a blank-27” in the name of the

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