CONTENTS
- 1. The Client Who Sought the Suwon Criminal Attorney
- 2. The Real Estate Real Name Act Explained by the Suwon Criminal Attorney
- - The Laws the Suwon Criminal Attorney's Client Violated
- 3. The Defense Mounted by the Suwon Criminal Attorney
- - Suwon Criminal Attorney: “The Client Did Not Know the Lease Agreement Was Forged”
- - Suwon Criminal Attorney: “The Client Was Never Paid the Promised 10 Million Won”
- 4. The Judgment the Suwon Criminal Attorney Brought About
1. The Client Who Sought the Suwon Criminal Attorney
The client who sought the Suwon criminal attorney requested assistance, explaining that he had violated the Real Estate Real Name Act.
The client worked in delivery, and through a friend's introduction, he met a Mr. A who said he ran a construction business.
Mr. A proposed to the client that he would pay 10 million won if the client lent his name.
Short on living expenses, the client agreed and provided his registered seal, a copy of his resident registration, and other documents.
Mr. A also asked him to take out a bank loan, and the client took the documents Mr. A gave him and signed them.
As it turned out, however, Mr. A intended to deceive the bank with a forged contract and defraud it of the loan.
The client explained that he had sought the Suwon criminal attorney because he had been investigated and indicted for violating the Act on the Registration of Real Estate under Actual Titleholder's Name and was now facing trial in this case.
2. The Real Estate Real Name Act Explained by the Suwon Criminal Attorney
The client explained that he had been placed at risk of a custodial sentence for violating the Act on the Registration of Real Estate under Actual Titleholder's Name.
The Act on the Registration of Real Estate under Actual Titleholder's Name is sometimes abbreviated as the Real Estate Real Name Act.
The Real Estate Real Name Act is a law that requires ownership, real rights, and the like concerning real estate to be registered in the name of the actual rightholder.
It was enacted because failing to register in the name of the actual rightholder creates a high likelihood of speculation, tax evasion, and law-evading conduct.
The Laws the Suwon Criminal Attorney's Client Violated
At Mr. A's request, the client applied for registration of ownership transfer of the building in the client's name, even though the actual owner was Mr. A.
He also took the forged lease agreement provided by Mr. A to the bank and obtained a loan.
Act on the Registration of Real Estate under Actual Titleholder's Name, Article 7 (Penalties) ② A title trustee who violates Article 3 (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 100 million won.
Because this violated Article 3 (1) of the Real Estate Real Name Act, the client, as the title trustee, could be punished by imprisonment for not more than three years or by a fine not exceeding 100 million won.
3. The Defense Mounted by the Suwon Criminal Attorney
The Suwon criminal attorney mounted the following defense to avoid a custodial sentence for the client.
Suwon Criminal Attorney: “The Client Did Not Know the Lease Agreement Was Forged”
The Suwon criminal attorney emphasized that the client had no idea the lease agreement he received from Mr. A was forged.
The client had no intent at all to deceive the bank through a forged lease agreement.
The client merely believed that he was entering into an additional loan with Mr. A's lease agreement and was not aware that the agreement was forged.
Suwon Criminal Attorney: “The Client Was Never Paid the Promised 10 Million Won”
The Suwon criminal attorney emphasized that the client lent his name to Mr. A but was never paid the promised 10 million won.
The client committed the act of title trust in a state of financial hardship after being promised compensation.
On the contrary, the client is in a dire situation, having incurred debt on Mr. A's behalf.
The Suwon criminal attorney emphasized these points and requested leniency for the client.
4. The Judgment the Suwon Criminal Attorney Brought About
After hearing the Suwon criminal attorney, the court issued a judgment of a suspended sentence in the client's case.
The client had been expected to receive a custodial sentence for violating the Real Estate Real Name Act, but because the Suwon criminal attorney actively mounted a defense, it was possible to avoid a custodial sentence.
In this case, the client could have served a prison sentence for a single misjudgment made for the sake of his livelihood.
Violations of the Real Estate Real Name Act can cause significant disruption to the real estate market, so they are punished severely.
If you face the risk of a custodial sentence for violating the Real Estate Real Name Act, please request a consultation by obtaining a 🔗attorney referral right away.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
