beta
(영문) 수원지방법원 안양지원 2020.02.14 2020고단98

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Obstruction of business and violation of the Housing Act;

A. The Defendant, while the victim’s “B Housing Redevelopment and Improvement Project Association” newly constructed and sold apartment units with the name of “D apartment units” in the former C’s site during the period of the development of a new apartment unit with high added points granted pursuant to the Housing Act and relevant Acts and subordinate statutes, selected buyers by the so-called general supply method to enter into a sales contract with high partners, and, knowing that the date of the public announcement of the invitation of occupants should be the first supply to the actual residents, the Defendant acquired the said new apartment units and applied for the sales contract by falsely transferring the subscription savings subscribers to acquire the resale profits with the aim of acquiring the resale profits by acquiring the right to purchase the new apartment units, and then, tried to divide the resale profits by resale, if the winning results are derived from the sales contract.

(b) No person constituting an offense shall transfer or acquire (including sale, donation, and all other acts accompanying changes in rights, but excluding inheritance or mortgage) a certificate of occupants' savings on comprehensive housing subscription savings in order to acquire or have another person acquire the housing constructed and supplied under the Housing Act, or mediate such transfer, acquisition, or advertisement for the purpose of transfer, acquisition, or mediation thereof, and no person shall acquire the certificate, status, or housing constructed and supplied under this Act, or have another person acquire it, by fraudulent or other unlawful means;

Around May 2018, the Defendant conspireds with E to resell and divide profits from resale when he/she won the winning through a disguised transfer to the address provided by the Defendant, as he/she has high price for subscription, and to offer to E to purchase the apartment house, and to accept E. The Defendant’s domicile is to be transferred to E in a disguised manner with “Seo-gu F and 1st floor at the time of Gyeyang-si.”

참조조문