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(영문) 의정부지방법원 2018.07.05 2017고단4204
주택법위반
Text

Defendant

A A A Fines of 10,00,000 won, Defendant B, C, D, E, F, and G shall be punished by a fine of 3,00,000,000 won, and Defendant H shall be punished by a fine of 8.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and Defendant B

(a) No person who violates the Housing Act shall receive or have another person receive the supply of a deed, status or housing constructed and supplied under the Housing Act by fraudulent or other unlawful means;

Defendant

A In May 2016, there is no capacity or intention to move to a police officer, and it is possible to apply for special sale of persons with disabilities to the defendant B of each hearing disability who has no capacity or intention to move to a police officer.

In addition, when the prize is made after the application for parcelling-out, money can be sold immediately.

“In response, Defendant B made an offer to sell an apartment under his own name and subsequently made it possible for Defendant B to sell the apartment under his own name.

Defendant

A received necessary documents from Defendant B, such as a seal imprint, resident registration certificate, certificate of disabled person, certified copy of resident registration, and resident registration abstract, and required to receive a special application for the sale of disabled persons from the “K Apartment Model House” located in the jurisdiction of the Namyang-si, Namyang-si, Nam-si, and receive documents from the “K Apartment Model House”.

After that, when Defendant B won won in the above apartment subscription, Defendant A paid KRW 6 million to Defendant B around June 16, 2016, and Defendant B reselled the status of occupant winning in Defendant B to L.

As a result, the Defendants conspired to supply the deed or status to be supplied under the Housing Act by unlawful means.

B. “Violation of the Housing Act (Violation of the Restriction on Resale of Housing)” is a sale-free house supplied in a public housing site created by cancelling a development-restricted zone of at least 50% of the area of the relevant housing site in the Seoul Metropolitan area. The housing site subject to sale-free housing and the status of being selected as the occupant of the housing cannot be resold before the expiration of the period prescribed by Presidential Decree.

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