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(영문) 부산지방법원 2017.02.06 2016고정4072

주택법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall transfer, acquire, or arrange any resident savings certificates or their status in order to acquire or have to acquire the supply of housing constructed and supplied pursuant to the Housing Act, and no one shall acquire, or have others acquire, any certificate, status, or housing constructed and supplied pursuant to the Housing Act by fraudulent or other unlawful means.

The Defendant, as a person of distinguished service to the State, has been awarded the amount of 0,000 won at the D Certified Agent Office located in Busan Busan-gu, Busan-gu, about November 2015, from E, to the extent that the Defendant won the winning in the D Certified Apartment apartment.

One time or not.

Upon receipt of the proposal ", the fact was that the defendant did not have an intention or ability to purchase a newly-built apartment, prepared documents necessary for the special application for parcelling-out to the State under the name of the defendant in response to the proposal, and the F did not have an intention or ability to purchase the newly-built apartment, and the defendant made a special application for parcelling-out to the State in the name of the defendant using the source of confirmation of the defendant's distinguished service to the State as the actual user of the apartment in Ulsan-gu G apartment sales office around November 18, 2015, and as the defendant applied for parcelling-out as the actual user of the apartment in question, the defendant was awarded the above apartment 103 Dong 1003.

As a result, the Defendant conspired with F and received apartment sale rights in a position to be specially supplied in accordance with the Housing Act by unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the letter of delegation No. 18) (the letter of delegation)

1. Application of Acts and subordinate statutes to investigation reports (the details of special results of supply and the details of report on actual transactions of real estate);

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); the selection of fines for criminal facts

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

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