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(영문) 서울중앙지방법원 2018.09.12 2017고정2332
주택법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B is a person who has operated an authorized brokerage office in Gangnam-gu Seoul building C or D.

No one shall resell or arrange the resale of multi-family housing constructed and supplied by a project operator in a public housing site before the lapse of a period prescribed by Presidential Decree from among multi-family housing constructed and supplied by the project operator as residents of the housing subject

Nevertheless, on March 21, 2015, the Defendant and B, together, arranged to enter into a contract between H and the purchaser of the F apartment G in Gangnam-gu Seoul Metropolitan Government and the purchaser of the F apartment G, the resale of which was restricted from March 21, 2015 to July 30, 2015, and received KRW 5 million in return.

Accordingly, the defendant and B conspired to arrange the resale of the status of being selected as occupant of the F apartment with limited resale of real estate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the witness I in the third public trial protocol;

1. Some statements made in the protocol concerning the interrogation of suspect B;

1. Application of Acts and subordinate statutes to documents evidencing illicit trade in lots;

1. Article 96 Subparag. 2 of the former Housing Act (Amended by Act No. 13687, Dec. 29, 2015); Article 41-2 Subparag. 2 of the same Act; Article 30 of the Criminal Act; and Article 30 of the same Act, and the selection of fines for criminal facts

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

1. The portion not guilty of Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment (the point of violation of judicial system as a certified judicial broker);

1. The summary of this part of the facts charged is the person who actually operates J real estate in Gangnam-gu Seoul.

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of

Nevertheless, the defendant does not register the establishment of the above brokerage office, and as a result, mediates the sale and purchase of the above sales rights at the same date and place as the above facts constituting the crime.

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