beta
(영문) 서울중앙지방법원 2017.08.17 2017고정1329

주민등록법위반등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On May 2014, the Defendant violated the Resident Registration Act delegated the Defendant’s business of applying for subscription by moving the Defendant’s domicile into the apartment sale area to E from the real estate D located in Dongdaemun-gu Seoul Metropolitan Government to the Defendant’s domicile, and then, was willing to have the winning apartment sale right and divided the profits therefrom.

A. On May 8, 2014, in collusion with E, the Defendant had E file a false report as if he/she had transferred the Defendant’s domicile to “Seoul North-gu I” in order to obtain sale of the apartment complex located in Gwangju, “F”, “G” and “H”.

B. On November 11, 2014, in collusion with E, the Defendant had E file a false report as if he/she had transferred the Defendant’s domicile to “Seoul Seo-gu K” in order to obtain sale of the J apartment in Gwangju.

2. No person who violates the Act on Housing shall acquire or have others acquire a supply of a deed, status of housing or housing constructed and supplied under the Act by fraudulent or other illegal means;

Nevertheless, on November 20, 2014, the Defendant, in collusion with E, acquired the status to be supplied with a house by means of disguised transfer, and had E file an application for subscription in the name of the Defendant with the “J” apartment located in Gwangju, thereby acquiring the right to sell the apartment.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Copies of the police records for E or L, and the examination of suspects by the prosecution;

1. A special supply contract for apartments, power of attorney related to application for special supply, apartment supply contract, power of attorney related to supply contract, copy of process certificate, family relation certificate, and resident registration abstract;

1. Application of each police investigation reporting statute;

1. Article 96 Subparag. 1, Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Article 37 Subparag. 3-2 of the Resident Registration Act; and the selection of fines for each type of crime

2. Aggravation of concurrent crimes;