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(영문) 수원지방법원 2020.05.07 2019고정745
주택법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire a certificate of occupants' savings that enables a person to be supplied with a house built and supplied pursuant to the Housing Act, or a certificate of occupants' savings, the status of which shall not be supplied or have another person be supplied with a house built and supplied pursuant to the Housing Act by fraudulent or other unlawful means, and the status of being selected as an occupant of a house or a house constructed and supplied by a project operator, the status of being selected as an occupant of a house or a house subject to the upper limit system for occupants' price, shall not be resold until the period prescribed by Presidential Decree expires.

around October 2017, the Defendant: (a) deemed that the identity of the facts charged is recognized as consideration for illegal passbook B apartment near Suwon-gu, Suwon-si; and (b) there is no substantial disadvantage to the Defendant’s exercise of the Defendant’s right of defense; and (c) based on the evidence duly examined and adopted by this court, including the witness F’s legal statement, the statement in C’s investigation agency (it is known that it would be about about KRW 3 million to KRW 10 million and KRW 10 million, even if it is not directly sought; and (d) the amount acquired by the Defendant was corrected to KRW 8 million and acquitted the Defendant on the remainder of the money.

Upon receipt of the certificate, C has delivered documents necessary for the special supply of new shares, such as driver's license, subscription passbook for house, seal imprint, and authorized certificate.

On April 5, 2018, C, which received the above documents from the Defendant, subscribed to a house for the special supply of the D apartment in Silung-si under the name of the Defendant, and sold the said apartment E.

Accordingly, the defendant is entitled to be supplied with a house in order to be supplied or get supplied with a house constructed and supplied in accordance with the Housing Act.

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