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(영문) 인천지방법원 부천지원 2019.09.06 2019고정481

주택법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any certificate of occupants' savings or its status in order to have others acquire or to have them acquire any housing constructed and supplied under the Housing Act, and shall not acquire or have them acquire any housing constructed and supplied under the Housing Act by fraudulent or other unlawful means.

Nevertheless, on December 17, 2015, the Defendant received a proposal from B to “to pay KRW 3 million upon receipt of documents necessary for apartment subscription,” and accepted it. On December 2015, the Defendant issued documents necessary for filing an application for multi-child special supply, such as resident registration certificate, personal seal impression, family relation certificate, deposit passbook, resident registration certificate, copy and abstract of the Defendant’s spouse in the vicinity of the D office located in Gyeonggi-si Kimpo-si, Kimpo-si, and issued it to the said B via Kwikset Services. On December 17, 2015, the Defendant received the said apartment G by subscribing for multi-child special supply under the name of the Defendant’s spouse, E, the Defendant’s spouse.

As a result, the Defendant provided housing constructed and supplied under the Building Act by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. H:

1. Application of Acts and subordinate statutes to investigation reports (the separation of cases and case number No. 2018-1995 to accompany copies of case records), investigation reports (a copy, etc. of supply contract) and investigation reports (a

1. Article 96 Subparag. 1 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Articles 96 Subparag. 1 and 39(1) of the same Act regarding criminal facts; the choice of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;