주택법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
Summary of Grounds for Appeal
The defendant did not have the intention or ability to purchase the apartment of this case and applied for special supply to disabled persons, and concluded a sales contract after being selected as an occupant and sold the sales right to third parties. This constitutes an act of allowing the third party to be supplied with a house supplied under the Housing Act by improper means.
Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of the instant case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion
In addition, the fact that the defendant has entered into a sales contract by applying for special supply of disabled persons with the intention of selling a house in lots to a third party is that the defendant is supplied with the apartment sales right which is the status supplied under the Housing Act by illegal means.
Nevertheless, without changing the indictment, the lower court immediately rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby affecting the
2. ex officio determination of authority, the prosecutor added Article 30 of the Criminal Act to the applicable provisions of the Criminal Act to the defendant in the trial room, and applied for permission of modification of an indictment to the effect that "a summary of the revised facts charged in this case" was changed to the same contents as "a summary of the revised facts charged in this case," and the judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal is established, and it is again decided as follows.
【Time-Limit for the judgment of multiple times】 A summary of the revised facts charged in the instant case shall not be supplied or allowed to be supplied with any deed, status or housing constructed and supplied pursuant to the Housing Act by fraud or other improper means.