Nevertheless, on March 24, 2014, the Defendant sold the “right of sale of 117.72 square meters of the housing site located in Incheon Seo-gu, Seo-gu, and the multi-family housing area located in Incheon, Seo-gu, to D in the purchase price of KRW 44 million, and sold the housing site before completing the registration of ownership transfer by receiving the payment of KRW 44 million.

2. Determination:

A. Article 19-2(1) of the Housing Site Development Promotion Act (hereinafter “Act”) provides that “A person who is supplied with a housing site developed under this Act shall not resell (including change of name, sale or all other acts accompanying change of rights, but excluding inheritance; hereinafter the same shall apply) the housing site as it is without using it for the purpose of supply thereof until the registration of ownership transfer; Provided, That the main sentence may not apply to cases prescribed by Presidential Decree, such as housing construction sites supplied for relocation measures, etc., and Article 31-2 of the Act provides that a person who resells the housing site in violation of the above provision shall be punished by imprisonment of not more than 10 million won. Thus, it is evident that a person who is supplied with the housing site is punished by the “person who resells the housing site” under the law.

B. We examine the instant case. The Defendant is merely a mere selling the right to sell the housing site of migrants to be acquired in the future as stated in the facts charged (the Defendant was selected from the Incheon Urban Corporation as a person subject to supply of the housing site of the Incheon Urban Corporation, which was last three years thereafter on July 28, 2017). At the time of the instant case, the Defendant is not a “person to whom the housing site was supplied”, and the Defendant’s act is not a “person to whom the housing site was supplied”, and the Defendant