A. Whether a member of a housing association is limited to a person who is homeless within one year before he/she becomes a member of the housing association (negative);

(b) Whether it is necessary to become a homeless at the time of becoming a partner of the housing association (affirmative)

A. The proviso of Article 4(1) of the former Rules on Housing Supply (amended by the Ordinance of the Ministry of Construction and Transportation No. 489 of Aug. 1, 191) provides that the subject of the supply of a house constructed and supplied under subparagraph 1 of Article 3 of the Rules (including a house constructed and supplied by a workplace union or a local union to its members) shall be the head of a homeless household from one year before the date of the public announcement of the recruitment. However, in the case of a house constructed and supplied to its members, the housing association cannot, in principle, determine the date of public announcement of the recruitment because Article 7 of the same Rules on the date of the public announcement of the recruitment of the recruitment of the members is not applicable, because the eligibility to become a member of a workplace association is not limited to a person of homeless household within one year before the member becomes a member of the association, and no other legal basis exists to limit the requirements for the membership of the workplace association.

B. Article 3 subparagraph 9 of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992) provides that, in defining a housing association, residents or workers without a house are regional associations or workplace associations established to acquire housing, and therefore, for members of regional associations or workplace associations to be members of a housing association, even if they do not need to be members of a housing association or workplace association, they should be members of the housing association at least at least at the time of becoming members of the association (in principle, at the time of becoming association establishment authorization).

Articles 3 subparag. 9 and 47(1) of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992); Article 4(1) of the former Rules on Housing Supply (amended by Ordinance of the Ministry of Construction and Transportation No. 489 of Aug. 1, 1991)

Defendant

Defendant

Seoul Criminal Court Decision 92No4998 delivered on December 22, 1992

The appeal is dismissed.

We examine the grounds of appeal.

The court below affirmed the judgment of the court of first instance that the Defendant violated Article 51 subparagraph 6 and Article 47 (1) of the Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992) prior to the amendment by acquiring the supply of housing on Dec. 2, 191, since the Defendant did not fall under a non-homeowner for a period not exceeding one year prior to joining the workplace of the Korea Guarantee Insurance Co., Ltd. as the workplace of the workplace of the workplace of the Korea Guarantee Insurance Co., Ltd., and therefore, he cannot join the said association.

Article 47 (1) of the Housing Construction Promotion Act prior to the amendment prohibits a person from being supplied with or being supplied with a house constructed and supplied under the above Act by deceit or other unlawful means, and it is apparent that the scope of application is not limited to national housing as referred to in paragraph (2) of the same Article. Thus, the theory of lawsuit otherwise asserted is without merit, and the supply of a house constructed and supplied under the above Act after joining the housing association by pretending that a person who fails to meet the qualifications to be a member of the housing association under the above Act is qualified to be a member of the housing association shall constitute fraudulent or other unlawful means under Article 47 (1) above.

However, there is no provision that limits the eligibility to become a member of a workplace association as above under the above Act, the Enforcement Decree, or the Enforcement Rule, to be a homeless person within one year before he becomes a member of the association. However, the proviso of Article 4 (1) of the Housing Supply Regulations (amended by Ordinance No. 489 of Aug. 1, 191) promulgated by the Ordinance of the Ministry of Construction and Transportation based on Article 32 (1) of the above Act provides that the subject of supply of a house constructed and supplied pursuant to subparagraph 1 of Article 3 of the above Rules (including a house constructed and supplied by a workplace association or a local union to its members) shall be a homeless person from one year before the date of public announcement of invitation of invitation of invitation of invitation of invitation of invitation of invitation of invitation of a house constructed and supplied to its members, and therefore, it cannot be determined on the basis of Article 7 (1) of the above Rules, as a matter of principle, and there is no basis to limit the eligibility to be a member of a workplace association within one year before its members are transferred.

Therefore, the judgment of the court below on the premise that the above housing association member should be a homeless person within one year before he becomes a member of the housing association shall be erroneous.

However, in defining the housing association, Article 3 subparagraph 9 of the above Act is a regional association or a workplace association established by residents or workers without a house for the purpose of acquiring a house. Thus, even if a member of a regional association or an workplace association is not required to be a homeless before he/she becomes a member of the association, at least he/she should be a homeless person at the time of becoming a member of the association (in principle, he/she will be authorized to establish an association). The provision of Article 4 (1) of the above Rules on Housing Supply is interpreted as such purpose.

However, according to the records, even if the housing association of this case owned another house from March 22, 1989 to be authorized to establish it, the defendant purchased the house and supplied it to the workplace association of this case by submitting the false proof that he was homeless, and the defendant actually disposed of the above house and became homeless. Thus, the defendant did not meet the qualification of a member after the above authorization was issued. Thus, if the defendant submitted a false proof to become a member, it cannot be deemed that the defendant had no criminal intent, and even if there are circumstances such as that the defendant was homeless at the time of the supply of the house or that the defendant was sentenced to the right to sell the house in civil procedure, the defendant's criminal liability is not denied. Therefore, the judgment below finding the defendant guilty of the facts charged of this case is justified and there is no ground for appeal.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-ho (Presiding Justice)