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(영문) 울산지방법원 2016.10.07 2016고정949

택지개발촉진법위반

Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who is supplied with a housing site developed pursuant to the Housing Site Development Promotion Act shall not resell the housing site at a price exceeding the price supplied by the implementer, without using it for the purpose of supply, until completing the registration of ownership transfer.

Nevertheless, on July 4, 2012, the Defendant: (a) transferred the right to purchase a housing site in B supplied by the Korea Land and Housing Corporation with KRW 274,890,000 to C; and (b) transferred the right to purchase a housing site at a price exceeding the price provided by the Korea Land and Housing Corporation in total five times from that time to October 2, 2013 as follows:

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written confirmation, a real estate sales contract, a certified copy of each register, a local tax payment notice, and a sales contract;

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

1. Relevant Articles 31-2 and 19-2 (1) of the Housing Site Development Promotion Act and the selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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