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(영문) 울산지방법원 2017.05.11 2017고정129
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

B, C, D, E는 부동산 투기지역에서 중개 수수료를 받고 주택 분양권을 중개 또는 전매를 알선하거나, 당첨 확률이 높은 타인의 주택 청약 통장을 매입하여 분양권을 당첨 받은 후 높은 가격에 이를 전매하여 수익을 얻는 속칭 ‘ 떴다 방 ’으로 활동하는 자이다.

Despite the fact that no one transfers, acquires or arranges the transfer of, or arrange for, a resident savings certificate, etc. in order to acquire or have to acquire a house constructed and supplied under the Housing Act, or is allowed to acquire or have a house supplied pursuant to the Housing Act by fraudulent or other unlawful means, he/she has received money from the above D, which he/she knew, and transferred a resident savings certificate, etc. to a third party, with the intention to resell it under the name of the defendant after acquiring or arranging for the transfer of an apartment.

On May 23, 2014, the Defendant transferred the passbook (new bank G) in the name of the Defendant to 3.860,000 won at the interesting country life office in Ulsan-gu, Ulsan-gu, Seoul-do.

Since then, around November 20, 2014, the Defendant pretended to purchase an apartment in the said interesting life office as if the Defendant bought it, and filed an application for subscription to H apartment in the name of the Defendant, and received supply of the said apartment on December 3, 2014.

Accordingly, the Defendant, in collusion with the above D, transferred a savings certificate to acquire or have a house constructed and supplied pursuant to the Housing Act, and received a certificate, status, or house constructed and supplied pursuant to the Housing Act by false or other unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of examination records of suspects by judicial police officers with regard to D;

1. A copy of investigation report (including attached data) (a copy of data related to crimes among seized materials at the E residence);

1. Request for cooperation in investigation (including data attached thereto) and a copy of the notification of the particulars of the winning prizes;

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