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(영문) 대구지방법원 포항지원 2017.10.12 2017고단779
주택법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Final Judgment] On September 7, 2015, the Defendant was sentenced to a suspended sentence of one year on September 15, 2015, for a violation of the Housing Act at the Suwon Friwon, etc., and the said judgment became final and conclusive on September 15, 2015.

[ criminal facts] No person shall transfer or take over, or arrange for, a deed or status corresponding to the status to be supplied with a house built and supplied under the Housing Act in order to acquire or have a house supplied under the Housing Act, and shall not receive or have a house supplied under the Housing Act by fraudulent or other unlawful means.

In general, when a housing supply business entity selects occupants, it shall be selected in accordance with the order prescribed by the Rules on Housing Supply, and the so-called "general supply" method in which occupants are selected by lot if there are competition in the same order of priority. However, persons with disabilities, persons of distinguished service to the State, persons with long-term service, etc. may engage in special supply within the scope of 10% of the construction volume pursuant to Article 19 (2) of the said Rules. In the case of apartment houses constructed at a location with a good location, the probability of special supply is higher than the probability of the winning by the persons eligible for special supply due to the strong competition among the occupants due to the general supply.

The defendant, although he is not the disabled person, was not entitled to apply for special supply of the apartment, was leased to the disabled person's actual intention and ability to sell the apartment in the name of the disabled person through G, etc., and was issued a document necessary to apply for special sale of the apartment in the name of the disabled person (such as a seal certificate, a certificate of the disabled person, a certificate of the disabled person, a resident registration, a copy of an identification card), and had the disabled person applied for special supply of the apartment in the name of the disabled person, and had the apartment sold

On March 16, 2015, the Defendant is located in the 6-dong-dong-ro, Seoul Special Self-Governing Province (Seoul Special Self-Governing Province).

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