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(영문) 서울중앙지방법원 2020.01.21 2019고정2285
주택법위반
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

The C-sale housing located in Seocho-gu Seoul Metropolitan Government is an apartment subject to the upper price ceiling system; the public announcement of sale on July 30, 2014; the receipt of special supply from August 5, 2014 to August 7, 2014; the public announcement of the winner of the special supply on August 19, 2014; the receipt of the general supply 1 and 2nd subscription on August 21, 2014; the receipt of the third order of general supply on August 22, 2014; the announcement and assignment of the general winner and the number of units on August 29, 2014; the resale contract was made from October 27, 2014 to October 29, 2014; and the exclusive residential area of housing is restricted for not more than 85 square meters from October 27, 2014.

On October 29, 2014, the Defendant received and sold the above C Apartment D's ticket, which was won in the name of the Defendant, in the vicinity of the SH Corporation office located in Gangnam-gu Seoul, Gangnam-gu Office of War 621, from E and sold it to E.

Accordingly, the defendant sold the status of being selected as the occupant of the housing subject to the upper price ceiling system within the limitation period.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation report (Securing data related to illegal pre-sale of apartment sales tickets and attaching a copy of case records);

1. A-related promissory notes (notarial deeds);

1. Application of the Acts and subordinate statutes governing the invitation of occupants of F and C apartment houses;

1. Article applicable to the facts constituting an offense and subparagraph 2 of Article 96 and Article 41-2 (1) of the former Housing Act (wholly amended by Act No. 13687, Dec. 29, 2015);

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;

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