The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) is a certificate indicating the status of a housing association member highly likely to become a housing association member in the future, except in extenuating circumstances. As such, in relation to the transfer of a member’s status, the real estate market is widely traded with premium and its transaction is more likely than the transaction after the authorization for the establishment of the housing association is granted, and the provisions prohibiting transfer of a member’s status under Article 39(1) of the Housing Act should also apply to cases where the status is transferred prior to the authorization for the establishment of the housing association, such as transfer of the certificate of application for membership.

Therefore, the lower court erred by misapprehending the legislative purport of Article 39(1) of the Housing Act, which acquitted the Defendant.

2. The lower court determined on the grounds of appeal on the premise that “the status to be supplied with a house pursuant to Article 32” under Article 39(1)1 of the Housing Act means, in principle, the status to be supplied with a house supplied by the relevant housing association as a member of the housing association established lawfully after obtaining authorization for establishment or making a report on establishment, and that this is recognized only after meeting the qualifications of the association members prescribed by the Housing Act, etc. and completing the procedure for joining and selling the association members, etc., according to the records, the instant housing association obtained authorization for establishment on November 17, 2008. The transfer of this case can be known prior to the date of authorization for establishment. Thus, it is difficult to view that the “H housing association membership registration certificate” arranged by the Defendant or the transferee constitutes a status to be supplied with a house under Article 32 of the Housing Act without examining whether the previous possessor or transferee satisfies the qualifications of the association members prescribed by the Housing Act, etc.