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(영문) 부산지방법원 2018.02.20 2017고정2158
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall receive the status of supply under the Housing Act by fraud or other improper means.

The Defendant is a person with a disability of grade 6 with delay, from a certified broker E at the office of “D Real Estate” located in Busan, Jin-gu, Busan, Busan, on October 2015;

If a person with a disability won a prize in an apartment due to the special sale of the apartment, he/she shall be paid a reward of KRW 5 million.

"A request for certificates of persons with disabilities, certificates of seal impression, etc." received proposals, and the fact was delivered to E in response to such proposals, even though there is no intention or ability to purchase a new apartment, documents necessary for filing a special purchase application under the name of the defendant.

E at the “F” apartment sale office located in the Dong-gu, Si around October 2015, as an end user of the above apartment, filed an application for special parcelling-out to persons with disabilities in the name of the defendant, and reached the winning of the above apartment 110 Dong 1502 around October 27, 2015.

Accordingly, the Defendant, in collusion with E, received apartment sale rights in a position to be supplied under the Housing Act by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each police examination protocol regarding E (29 pages, 90 pages, 99 pages of investigation records);

1. Application of Acts and subordinate statutes to a criminal investigation report (the power of attorney, five pages for investigation records), investigation report (the results of special supply and the details of report on actual transactions of real estate);

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Article 30 of the Criminal Act (elective Selection) regarding criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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