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수원지방법원 2018.02.06 2016고단8301

주택법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Violation of housing Acts;

(a) No person who has a certificate of savings of occupants shall transfer, acquire, or arrange for the transfer of, a certificate of savings of occupants in order to acquire or have a person acquire the certificate of savings built and supplied pursuant to the Housing Act;

1) On April 2012, the Defendant transferred the agricultural savings certificate in the name of the Defendant and a certified certificate to C from the agricultural cooperatives located in the Sinsi Kim Jong-si Kim-dong.

2) On June 2012, the Defendant transferred the NA occupant savings certificate in the name of the Defendant’s wife D and the official certificate to C from the agricultural cooperatives located in the wife population Kim Jong-si, Kim Jong-dong.

3) On March 2013, the Defendant transferred the agricultural savings certificate in the name of the Defendant and a certified certificate to C from the agricultural cooperatives located in the Sinsi Kim Jong-si Kim-dong.

4) On April 2013, the Defendant transferred the NA occupant savings certificate in the name of the Defendant’s wife D and the official certificate to C from the agricultural cooperatives located in the wife population Kim Jong-si, Kim Jong-dong.

5) On October 2013, the Defendant transferred a certificate of savings in the name of the Defendant and a certificate of official approval to C from the agricultural cooperatives located in the Dong of the wife population Kim Jong-si, the Defendant transferred the certificate of savings in the name of the Defendant.

6) On May 2014, the Defendant received KRW 4 million from the agricultural cooperatives located in the Sinsi Kim Jong-si, the amount of KRW 5 million from E, and transferred the agricultural cooperatives occupant savings certificate in the name of the Defendant and the official certificate to E.

7) On July 2014, the Defendant transferred the NA occupant savings certificate in the name of the Defendant’s wife D and the certificate of official approval to the non-resident in the agricultural cooperative located in the wife population Kim Jong-si, Young-si.

Accordingly, the Defendant transferred the occupant savings certificate to get the housing constructed and supplied over seven times in total.

(b) No person who supplies housing by fraudulent or other illegal means shall receive or have others receive a supply of any deed, status or housing constructed or supplied pursuant to the Housing Act;

Nevertheless, there is a need to do so.