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(영문) 서울중앙지방법원 2018.07.04 2018고단2314

주택법위반등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On April 27, 2017, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Housing Act at the Incheon District Court on April 27, 2017, and the said judgment was finalized on March 8, 2018.

[2] In order to realize the marginal profit from the resale of the right to sell apartments in the metropolitan area where the apartment is relatively at large premium, the Defendant had the intent to gain profits by raising the additional points of the subscription passbook purchased by means of mutually disguised marriage among the nominal owners of the passbooks, or by obtaining the prior qualification in a disguised manner by transferring the nominal owners of the passbooks to the apartment sale area in order to file an application for the subscription to sell the apartment in each area nationwide.

1. No person who violates the Act on the Acquisition of a passbook for subscription shall transfer or acquire a certificate of savings or status of an occupant to acquire or to have a house constructed and supplied pursuant to the Housing Act;

A. On July 2014, the Defendant: (a) issued the documents necessary to apply for subscription, such as the passbook for the integrated savings of the bank under B, a certified certificate, and a certificate of seal impression in the name of the title holder of the passbook, to the Seo-gu Incheon Si/Gu Office in Seo-gu, Incheon, Seo-gu, Incheon, Seo-gu, Incheon; and (b) transferred KRW 10 million to the E bank account in the name of B in return.

Accordingly, the defendant acquired the savings account certificate in B's name.

B. On July 4, 2014, the Defendant: (a) received the documents necessary to apply for subscription, such as the subscription for a bank in the name of G, a certificate of official approval, and a certificate of seal impression, from the Si/Gu office of the above Incheon City, the Defendant transferred KRW 10 million to the DNA bank I account in the name of the father of G in return.

Accordingly, the defendant acquired the savings certificate in G name.

(c)

The defendant of the J's acceptance of the passbook is entitled to receive apartment prizes from the J in front of K in the coffee shop at the end of April 2015.