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(영문) 인천지방법원 부천지원 2017.02.16 2016고단3240
건축물의분양에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual operator of D, a private person, who implements the sales business of officetel B and 3 lots located outside of Bupyeong-si.

1. The Defendant, from March 30, 2016 to December 12, 2016, concluded a sales contract for the 113 units out of the total number of 252 units units by receiving 10% of the sales price from applicants for the said office as down payment, even though the sales contract was not made with the permitting authority for the said office’s sales in the said office located in Bupyeong-si, Nowon-gu, Seoul Special Metropolitan City E, and the said office’s sales report was not made to the permitting authority for the said office.

Accordingly, the Defendant sold a building without reporting the sale to the permitting authority.

2. Around April 2016, the Defendant placed an advertisement for sale in lots, prior to the receipt of a report on sale in lots, by distributing a leaflet containing the name of the building, exclusive area, name of the seller of buildings in lots, the name of the seller of buildings in lots, the name of the contractor of buildings in lots, the name of the contractor of buildings in lots, the trust company’s name, etc., or displaying a banner, etc., even though the Defendant failed to report the sale in lots on the site of the above office, as described in paragraph 1.

Accordingly, the defendant did not receive the notification of acceptance of the sale report and made the sale advertisement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against F and G (List 17,34);

1. Advertisement leaflet (List 5), a certified copy of the corporate registry (List 6), a copy of trust agreement (List 21), a copy of the management passbook (List 22), each deposit account (List 23,54), a PF loan data (List 28), a loan agreement (List 29), a letter of loan agreement (List 29), a letter of delegation (List 31), a letter of delegation (List 36), a letter of delegation (List 37), a joint agreement (list 41), a list of administrative fines (list 45,46), a list of respective investigative cooperation (list 45,46), a list of subscription status (list 53), and a list 55);

1. Application of each investigation report (List 33,52) statute;

1. Articles 10(1) and 5. of the Act on the Sale of Building Units for Criminal Facts

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