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(영문) 서울서부지방법원 2018.01.12 2017고정1440

주택법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer, acquire, or mediate subscription for a house to acquire, or have another person acquire, a house built and supplied pursuant to the Acts and subordinate statutes.

B On February 17, 2016, when a married spouse and three children have been issued a passbook (Account Number C, Balance 200,000 won; hereinafter “Housing Subscription Comprehensive Savings Account”) to purchase apartment houses constructed and supplied in accordance with the Housing Act at the National Bank, the National Bank was urged to sell the said passbook from D around June 2016, and transferred the said passbook to KRW 16 million.

was made.

D around that time, the above passbook was taken over from B to 16 million won, and E was asked to see the person to take over the above passbook, and E was confirmed as to whether there was an intention to take over the above passbook, and the defendant expressed his intention to have the above passbook transferred.

On June 21, 2016, the Defendant paid KRW 25 million to E at the G real estate office located in Seongbuk-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F and 103, and acquired the instant comprehensive housing subscription deposit certificate from B via D and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of the prosecution against B, D, and E;

1. All copies of the comprehensive bankbooks for subscription for housing, and documents for securing rights;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 96 Subparag. 1 and Article 39 Subparag. 1 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); the choice of fines for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;