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The judgment below
Part concerning Defendant C and G shall be reversed.
Defendant
C shall be punished by a fine of 6,000,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant C did not receive and sell the instant sales right to S with a premium of KRW 30 million as indicated in the facts charged, and selling it with a premium of KRW 83 million as indicated in the facts charged.
The punishment of the lower court (fine 17 million won) is too unreasonable.
B. Defendant D’s punishment (fine 10 million won) by the lower court is too unreasonable.
C. Defendant G, as indicated in the facts charged, did not sell the instant sales slip to AA with a premium of KRW 85 million on June 22, 2015, as indicated in the facts charged, the Defendant did not sell it with a premium of KRW 85 million, but merely transferred the subscription passbook to A Q on March 5, 2015, and received three million won via the comments.
As a result of the winning in the subscription passbook, A Q sold it to A, and AA sold it in sequence to AR.
The Defendant may not go through any transaction after transferring the subscription passbook to Q.
The punishment of the lower court (fine 17 million won) is too unreasonable.
2. Determination
A. Defendant C’s assertion of mistake of facts on June 22, 2015, the summary of the facts charged is as follows: (a) around June 22, 2015, the Defendant received a premium of KRW 83,00,000 from the K Model House, which was won in the name of Q from the Defendant, and sold the above K Model House, within the limitation period. Accordingly, the Defendant sold the status of being selected as the occupant of the housing subject to the upper limit period within the resale period; (b) according to the evidence duly adopted and examined by the lower court (Article 132,13,134 of the Public Trial Record), Defendant C decided to sell the instant sales right at KRW 30,000 on June 22, 2015, Defendant C was to receive KRW 10,000,000 from the account transfer and received KRW 380,000,000,000 from the Defendant on June 24, 2015, and then received the remainder of the sales right within KRW 380,0,00,00.