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(영문) 수원지방법원 안양지원 2018.01.11 2017고정668

주택법위반등

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

1. No person who violates the Act on Housing shall transfer or acquire the status eligible for the supply of housing or a certificate of savings of the occupants to acquire or have others acquire the housing constructed and supplied pursuant to the Act;

Nevertheless, on April 2015, the Defendant transferred the passbook (Account Number C) of the Korea Bank Subscription Comprehensive Savings in the name of the Defendant, a resident savings certificate that can be supplied to B in order to get B to supply a house at a non-permanent place.

2. No person who violates the Act on the Registration of Residents shall report or apply for any false fact with respect to a resident registration or resident registration certificate;

Nevertheless, on April 17, 2015, the Defendant offered a false certificate, etc. necessary for disguised transfer to B with respect to the sale of D apartment units in Busan Dong-gu, Busan, and had B report the false facts about the resident registration by having B report as if the Defendant had transferred his address to Busan Ku-gu G, through the Internet civil petition 24 City website at the Seocho-gu office in Seoul, Seocho-gu, Seoul around the 17th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes on a copy of the passbook in Korea;

1. Relevant legal provisions and Article 96 subparag. 1 of the former Housing Act (wholly amended by Act No. 13687, Dec. 29, 2015); Article 39 subparag. 1 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016); Article 37 subparag. 3-2 of the former Resident Registration Act (wholly amended by Act No. 14286, Dec. 2, 2016); the selection of fines for the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;