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(영문) 인천지방법원 2017.10.26 2017고단6408

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 14, 2005, the Defendant entered into a sales contract with the Incheon Urban Development Corporation by setting the total value of housing value of 48,790,000,000 won for apartment housing B, Yeonsu-gu Incheon Urban Development Corporation, which was designated as an overheated speculative district. The Defendant may not cancel the sales contract at will where both parties have paid part payments at once, and where the parties have left Korea to move overseas or to stay overseas for at least two years, (2) where the heir of the property requests the cancellation of the sales contract due to the death or disappearance of both parties, (3) where all members of the household, including the head of the household, intend to move out to another administrative district due to work or occupation reasons, (4) where all members of the household move to another administrative district due to disease treatment, school marriage, marriage, and marriage of the head of the household or members of the household, the Defendant agreed to pay the total value of housing amount of 10,000,000 won as compensation for the penalty under the name of the said Corporation, and the Defendant selected the contract deposit as 65016,16,016.

1. No one violating the Acts of housing shall resell the status of being selected as an occupant of housing constructed and supplied by a project undertaker in an overheated speculative district, from the time of concluding a housing supply contract until the time of completing the registration of transfer of ownership of relevant housing, or arrange for resale thereof;

Nevertheless, the Defendant, at around August 2005, sold the status of being selected as the occupant of the above apartment to E in total KRW 170 million before completing the registration of transfer of ownership of the above apartment in its name at a public brokerage office of Yeonsu-gu Incheon Metropolitan City building C. 118.

2. The Defendant obtained a loan from an enterprise bank after concluding a contract for sale in lots with the Victim Incheon Urban Development Corporation.