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(영문) 서울북부지방법원 2018.02.21 2017고단5168

주택법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall acquire or have others acquire a supply of any deed, status or housing constructed or supplied pursuant to the Housing Act by fraudulent or other unlawful means.

The Defendant is the so-called “B apartment purchaser” who purchased the right to sell in lots from the winners who won the first order of subscription to the “B apartment located in the Namyang-ju New City. The above apartment is an apartment building constructed in a public housing site developed by cancelling the development restriction zone of at least 50% of the area of the relevant zone in the Seoul Metropolitan area, and therefore, the above apartment house is subject to a provisional system for sale, and the status of being selected as the occupant of the house can not be resold until the expiration of the period prescribed by Presidential Decree (from June 14, 2016 to June 13, 2017), but committed the following crimes during the prohibition period of resale:

1. On June 16, 2016, the Defendant illegally purchased C’s right to sell an apartment complex on the street in front of the “B apartment model house”. On the top of the order of subscription No. 903 2103 and 2103, the Defendant received all the documents necessary for the alteration of the sales contract and the name from C, and paid the so-called “fluor” KRW 17 million to C, namely, at the seat.

Accordingly, the Defendant was supplied with the selling right by illegal means.

2. Around June 16, 2016, the Defendant illegally purchased D’s right to sell an apartment on the street before the “B apartment model house”. On the street, the Defendant received all the documents necessary for the alteration of the sales contract and name from D winning the order of subscription No. 908 101, 100,000 won, namely, the so-called “fristium” from D.

Accordingly, the Defendant was supplied with the selling right by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of Acts and subordinate statutes that demand cautions for subscription;

1. Relevant Article of the Act and each of the former Housing Act (Law No. 14093), Article 96 Subparag. 2 of the former Housing Act, the latter part of Article 39(1), and the latter part of Article 39(1), respectively, shall be selected as imprisonment for a crime;