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(영문) 청주지방법원 2011.04.01 2010고단1367
사기 등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

All applications for compensation order shall be dismissed.

Reasons

Punishment of the crime

1. Around March 1996, G apartment’s legal relationship, H commenced the construction of a new G apartment with 16 units of G apartment units of 1,540 units of 16 Dong, Ulsan-gun, Ulsan-gun (hereinafter “instant apartment”), and entered into a contract with JJ on November 24, 1996, under which the Korea Housing and Commercial Bank borrowed KRW 23,984,000,000 from the Housing and Commercial Bank for the construction of rental housing units of KRW 23,984,00,000, with a view to establishing a right to collateral security on land and setting an additional right to collateral security on an apartment that will be completed in the future. On September 18, 1998, H suspended the construction due to a default on payment on September 18, 1998.

On March 31, 2003, upon the request of the court of the above J, the registration of preservation of ownership in the H’s name and the provisional disposition of prohibition of disposal under the J’s name has been completed with respect to the apartment of this case. On April 18, 2003, the national bank that acquired the right from the Housing Bank has completed the provisional registration of the right to claim the creation of the right to collateral security on the apartment of this case on the ground of the above agreement for establishment of collateral security. The J completed the registration of transfer of ownership on the ground of the above payment contract on October 31, 2003.

On September 19, 2007, the National Bank of Korea: (a) filed a claim for the cancellation of fraudulent act with J and H, etc. with the Ulsan District Court around February 2004; (b) performed the procedure for the cancellation of the registration of transfer of ownership in the name of the said J on September 19, 2007; and (c) rendered a favorable judgment to implement the procedure for the registration of transfer of ownership in the name of the said J on July 23, 2009; and (d) cancelled the registration of transfer of ownership in the name of the said J on August 10, 209; and (e) the registration of transfer of ownership in the name of the National Bank was completed on December 9, 2009.

2. The criminal defendant committed fraud;

A. The victim D and E apartment of this case is complicated in relation to the legal relationship as above, and the ownership is unclear due to the civil action of the creditors and the first event.

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