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(영문) 부산지방법원 서부지원 2018.08.28 2018고단859

업무방해등

Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

【Defendant B, on November 25, 2016, was sentenced to a suspended sentence of five months for a violation of the Housing Act at the Busan District Court on May 25, 2016, and the judgment became final and conclusive on December 3, 2016.

【Criminal facts】 Defendant A and G are the special sale hub for each disabled person, and Defendant B, Defendant C, and Defendant D are the members of the Corporation I located in Busan Dong-gu H, and J is the chairman of the Busan Metropolitan City Association of the above I.

The Defendants purchased documents necessary for the application for special supply of disabled persons in the name of the disabled persons and conspired to acquire the proceeds from resale by receiving apartment units in the name of the disabled persons, by purchasing documents necessary for the application for special supply of disabled persons.

After that, on May 2016, the J received documents necessary for the application for special supply of disabled persons, such as a resident registration certificate, certificate of seal impression, certificate of disabled persons, etc., from K to the purport that, according to the above public invitation with Defendant A, “a person with disabilities lends the name of the disabled to apply for apartment purchase, and will give a part of the proceeds of resale if the prize is awarded.”

J sent documents issued by K as above to Defendant A on May 16, 2016, and Defendant A applied for special supply of disabled persons in the name of K to the N apartment sales office operated by the victim M in Busan-gu L on May 16, 2016.

As a result, Defendant A, in collusion with J, applied for the special supply of disabled persons as set forth in No. 1 of the list of crimes in annexed Form No. 1, thereby allowing the disabled persons to be awarded a house constructed and supplied under the Housing Act by false or other unlawful means, and interfered with the fair selection of victims by fraudulent means.

In addition, from around that time to August 1, 2017, the Defendants conspired with the list of crimes in the annexed sheet 1 and the list of crimes in the annexed sheet 2.