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(영문) 인천지방법원 2020.02.13 2019고정2008
주택법위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

【Publically related and criminal conduct】 No person shall be supplied with, or have others be supplied with, any deed, status or housing built and supplied pursuant to the Housing Act by fraudulent or other illegal means.

In the event that the project undertaker selects occupants, it is generally selected according to the order determined by the Rules on Housing Supply, but according to the so-called "general supply" method in which occupants are selected by lot if there are competition in the same order of priority. However, "special supply" can be made to disabled persons, persons of distinguished service to the State, discharged soldiers discharged from long-term service, etc. within a certain scope. In the case of an apartment building constructed on the location that meets the conditions of the location, the winning rate of special supply is too high due to the high competition among the occupants due to the general supply.

Accordingly, C has the role of applying for special supply of disabled persons by receiving documents necessary for the application for parcelling-out from disabled persons, D and E play the role of selling the winning apartment by applying for parcelling-out from the disabled persons, and Defendant B and A, a disabled person who does not have the intention or ability to purchase a new apartment, play the role of borrowing the name of the Defendants in return for honorariums and lending the apartment in the name of the Defendants.

1. Defendant B, C, and E’s co-principal conduct refers to Defendant B, a disabled person, who has lent the winning prize to apply for the parcelling-out of an apartment and resells it to the apartment, and Defendant B, despite having no intention or capacity to purchase a newly-built apartment, shall give the documents necessary for the application for parcelling-out, such as a certificate of personal seal impression, certificate of seal impression, certified copy of resident registration, certified copy of resident registration card, family registration card, family relation certificate, certificate of disabled person, certificate of taxation by item, and copy of resident registration certificate.

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