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(영문) 수원지방법원 안양지원 2020.05.14 2019고단2728

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

17 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

During the period of Ansan-si, the Defendant newly constructed an apartment house under the name of “D apartment” and sold it in lots by the victim’s “C Housing Redevelopment and Rearrangement Project Association” in the name of “D apartment site,” and intended to make an application for the sale of the newly constructed apartment house by using the subscription passbook that was acquired from a third party for the purpose of selling the new apartment house, or to make an application for sale by using the name of a third party, which was known in the name of a third party who did not reside at the time of entering into the sale contract, with respect to the general supply and special supply of the apartment house sales contract by no later than May 24, 2018, which was the date of public announcement of occupants recruitment, and to have the actual residents supply the housing supplied pursuant to the Housing Act. In order to have the housing supplied pursuant to the Housing Act, the Defendant shall not take over or transfer the house subscription passbook (hereinafter referred to as “house subscription passbook”), which is the date of public announcement of occupants recruitment.

1. No person shall acquire or have others acquire housing constructed and supplied pursuant to the Housing Act by fraudulent or other illegal means in connection with the conclusion of a title sales contract;

Nevertheless, the Defendant offered with E to conclude the sales contract under the name of E even though he/she acquired the subscription passbook from E in relation to the application for the sale of the above apartment, and E applied for the sale of the apartment without notifying the fact of transfer of the subscription passbook to the victim association around May 2018, and entered into the sales contract around June 20, 2018.

Accordingly, the defendant, in collusion with E, interferes with the selection of the buyer of the redevelopment apartment in the victim's association by fraudulent means.

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