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(영문) 춘천지방법원 원주지원 2014.11.25 2014고정449

택지개발촉진법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The land subject to the right to sell multi-resident housing sites following the development and sale of housing site by the Korea Land and Housing Corporation (hereinafter referred to as the "principal housing site") in the Hanju-si is supplied with the housing site created under the Housing Site Development Promotion Act in KRW 89,680,000 from the above Korea Land and Housing Corporation, and D resell sold this housing site to the Defendant in KRW 102,680,000 on July 22, 2009.

The Defendant, around May 2, 2013, sold this housing site to G in the F Licensed Real Estate Agent Office located in Suwon City E at KRW 319,680,00.

However, a person who is supplied with a housing site developed pursuant to the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the purpose of supply until completing the registration of ownership transfer.

Therefore, the Defendant supplied the housing site developed under the Housing Site Development Promotion Act has resold this housing site in violation of the restriction on resale of the Housing Site Development Promotion Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on real estate sales contracts;

1. Relevant Articles 31-2 and 19-2 (1) of the Housing Site Development Promotion Act concerning criminal facts and the selection of penalties;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be taken into account, such as the initial offense, reflectivity, and the progress of relevant civil cases.