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(영문) 서울남부지방법원 2018.08.28 2018고정751
주택법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Seoul Jongno-gu Seoul Metropolitan Government apartment complex B, which is subject to the upper limit system, was publicly announced on November 20, 2014, and was publicly announced on November 25, 2014. On November 25, 2014, the receipt of an application for special supply and the publication of the prize, the receipt of an application for general supply 1 and 2 on November 26, 2014, the receipt of an application for general supply 3 on November 27, 2014, the receipt of an application for general supply 4 on December 4, 2014, the public announcement of general winners, the supply contract was made from December 10 to December 12, 2014, so it shall not be allowed to conclude the first apartment supply contract until June 10, 2015, as of December 10, 2014.

Nevertheless, on May 14, 2015, the Defendant received a premium of 4 million won from E from the D real estate office located in Seodaemun-gu Seoul Metropolitan Government around May 14, 2015, and repaid to E the right to sell B apartment units No. 304, 1204, and 1204, the Defendant won in the name of the Defendant, “after the expiration of the resale period of the right to sell the apartment units” to E.

A Promissory Notes to the effect that “the status of being selected as an occupant was notarially drawn up and reselled.”

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (specific as a household for illegal resale of six apartment units, such asG and H);

1. A report on internal investigation (to be accompanied by a certificate of promissory note processing with 3 households);

1. Report on internal investigation (the attachment of a written public notice of six apartment buildings, such as G and H, and the verification of the period during which restrictions on resale are placed), and public notice of invitation of B occupants;

1. Application of Acts and subordinate statutes related to illegal resale, including written contracts;

1. Relevant legal provisions of the Act and the old house for the selection of punishment for the crime (Law No. 12959, Dec. 31, 2014); Article 96 subparagraph 2 of the Act and Article 41-2 subparagraph 1 of the Act (Selection of punishment)

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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