beta
Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No housing constructed and supplied by a project undertaker or the status of being selected as an occupant of such housing (referring to the right, qualification, status, etc. to move into the housing, which is selected as a occupant of such housing) and the status of being selected as an occupant of such housing shall resell such housing or status or arrange the resale thereof before the period prescribed by Presidential Decree expires.
The purchase-out announcement was made on August 7, 2014, 2014, the Manam-gu Manam-si apartment unit B, which is a house subject to the application of the Housing for Sale, and the purchase-sale notification was made on August 12, 2014, on August 12, 2014; the receipt of special supply orders and the publication of the winners; the receipt of general supply orders on August 14, 2014; the receipt of general supply third order orders on August 14, 2014; the announcement of general suppliers on August 21, 2014; the supply contract was made from August 26, 2014 to August 28, 2014; thus, the first apartment supply contract should not be made until August 26, 2015, which is the date when the first apartment supply contract can be concluded.
Nevertheless, around August 28, 2014, the Defendant sold B apartment units No. 103 503, B, which was won in the name of the Defendant at the Seoul Songpa-gu Model C, via D and E, the so-called “multi-type multi-type housing unit” business entity D and E, with a premium of KRW 9 million, and “the title should be transferred upon the lapse of the resale period,” and if the name is not transferred, the Defendant reimburses KRW 120 million.
A promissory note to this effect has been prepared and the status of being selected as occupant has been resold before the expiration of the period set by a notarized method.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the promissory note process;
1. Notice of invitation of occupants of B apartment houses;
1. Application of statutes on a supply contract;
1. Article 96 Subparag. 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Articles 41-2 Subparag. 2 and 41-2 Subparag. 2 of the same Act; and the selection of fines for criminal facts
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.