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(영문) 의정부지방법원 2018.07.26 2018고정885

주택법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The provisions regarding the provisional sale of housing units are applied to the housing units created by cancelling the development-restricted zone with at least 50% of the relevant zone area among the housing units in the Seoul Metropolitan area. The housing units subject to provisional sale and the status of being selected as residents of such housing units cannot be resold before the period prescribed by Presidential Decree expires. Thus, the housing units subject to provisional sale and the status of being selected as residents of such housing units shall not be sold or arranged for resale from June 14, 2016 to June 13, 2017.

On May 15, 2016, the Defendant won the prize in subparagraph C after the application for parcelling-out, through an apartment building site (APT2you) operated by the financial branch of the police branch, and prepared a contract for parcelling-out on June 15, 2016.

On June 15, 2016, the Defendant: (a) received a proposal from D to transfer the right of sale in front of the apartment model B, Nam-si, Namyang-si; (b) delivered all documents necessary for the change of the name, such as a sale contract, a sale right resale contract, and a certificate of seal imprint; and (c) reselled the status of being selected as an occupant before the lapse of the period specified by the method of receiving KRW 16 million in return.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of Section B (26) as a copy of the supply contract;

1. Article 96 Subparag. 3 and Article 41-2 Subparag. 2 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the Defendant at the time of committing the crime, the Defendant appears to be subject to penalty, etc. upon receiving notification of cancellation of the sales contract from the executor due to the instant crime, and the Defendant is the primary offender.

However, selling a sale right within the period of restriction on resale under the Housing Act, such as inducing speculation by inducing the increase of housing price, is in order to supply housing.