beta
(영문) 대전지방법원 천안지원 2019.01.29 2018고정893

업무방해등

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

The defendant transferred the resident registration and transferred the subscription passbook, etc. from B and B, and borrowed the name of the defendant in order to apply for a parcelling-out, and accepted the proposal to grant the fee of KRW 4 million.

1. On November 28, 2014, the Defendant violated the Resident Registration Act, by making a false move-in report to the Ulsan Metropolitan City Dong C, which was not actually residing as ordered by the winners of the said public offering.

2. No person who violates the Housing Act shall be provided with any deed, status, or housing constructed and supplied pursuant to the Housing Act by fraudulent or other illegal means;

After making a false move-in report as mentioned in the foregoing paragraph (1), the Defendant issued an application for subscription, such as a certified copy of resident registration, passbook, certificate of personal seal impression, etc. to the person who has failed to know on his/her name on December 3, 2014, and had the Defendant file an application for an apartment under the name of the Defendant, thereby acquiring the

3. On November 28, 2014, the Defendant, who interfered with business, acquired the right to sell “Ulsan D’ apartment units” and received KRW 4 million in return, by filing a false move-in report and an application for subscription, as described in the foregoing paragraphs 1 and 2.

Accordingly, the defendant in collusion with B and person in poor name, filed a false report on resident registration, received a house by fraudulent means, and obstructed the work of exercising the city by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to B;

1. A copy of the police statement concerning F;

1. Application of subscription information (it refers to 88 pages of evidence), a certified copy or abstract of resident registration (89 pages);

1. Article 37 Subparag. 3-2 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016); Article 30 of the Criminal Act (amended by Act No. 14286, Dec. 2, 2016); Article 96 Subparag. 1 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) regarding criminal facts.