The defendant shall be innocent.

1. Around May 2008, the Defendant: (a) sold to H the right to sell one bond with an exclusive area of 85 square meters or less in F purchased from “D Licensed Real Estate Agent Office” in Dongjak-gu Seoul Metropolitan Government, for KRW 169,624,00; and (b) transferred to H the status of being able to be supplied with a house built by a regional housing association pursuant to Article 32 of the Housing Act.

2. Article 96 Subparag. 1 of the Housing Act provides that a person who violates the provisions of Article 39(1) of the Housing Act shall be punished. Article 39(1) of the Housing Act provides that “No person shall transfer or acquire, or mediate any of the following certificates or positions in order to acquire, or to have another person acquire, a house built and supplied under this Act; and no person shall acquire, or have another person acquire, any certificate, status or house built and supplied under this Act by fraudulent or other illegal means; and Subparag. 1 provides that “the status in which a person may be supplied with a house pursuant to Article 32”.

On the other hand, Article 32 of the Housing Act requires the authorization of the head of the competent Si/Gun/Gu in the case of the establishment, modification, or dissolution of a housing association, and the housing association can supply housing to its members first, and the method and procedure of the establishment of the housing association, the qualification criteria for its members, etc. are prescribed by

As above, Article 39(1)1 of the Housing Act provides for the status of a housing association established lawfully pursuant to Article 32 of the Housing Act to be able to be supplied with a house. The language and text of the Housing Act is interpreted as the status to be able to move into a house lawfully and effectively. In cases where Article 39(2) of the Housing Act violates Article 39(1) on the premise that the “Status” under Article 39(1) of the Housing Act is valid, the Minister of Land, Transport and Maritime Affairs or the project undertaker may invalidate the “Status.”