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(영문) 대전지방법원 2016.11.23 2016고단2793
주택법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s status and criminal record as a licensed real estate agent is operating the “D Licensed Real Estate Agent Office” in Article 114 of the Sejong City Building C from October 2013 to the present.

On July 2, 2015, the Defendant was sentenced to a fine of one million won due to a violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and the above order became final and conclusive on the 24th of the same month.

2. No person who violates the Housing Act or the Licensed Real Estate Agents Act shall resell or arrange the resale of any multi-family housing constructed and supplied by a business entity as residents of such housing subject to the upper limit system for selling prices (hereinafter referred to as "period for selling on a deposit basis") before the lapse of the period prescribed by Presidential Decree, and no practicing licensed real estate agent, etc. shall arrange the sale or exchange of certificates, etc. related to the sale or lease of real estate, the offering of which is prohibited by any transfer or good offices, or engage in

On May 1, 2015, the Defendant arranged the Defendant to sell the G’s right of sale, selected as the occupant of “F apartment 103 2202, F apartment 103 Do 2202” sold by E around that time, and the sales amount of KRW 10 million to the needy through H.

However, the apartment house was a house subject to the upper price ceiling system, which could not resell the status of being selected as an occupant of the house or arrange the resale thereof for one year from the date it is possible to conclude the first house supply contract ( May 6, 2015) as a house subject to the upper price ceiling system.

In addition, from around that time to April 2016, the Defendant arranged the resale of the status of being selected as occupant within the period of restriction on resale over a total of six times, as described in the attached list of crimes, and arranged the sale, exchange, etc. of certificates, etc. related to the sale, lease, etc. of real estate, the transfer, arrangement, etc. of which is prohibited under the Housing Act and other relevant statutes, including the Housing Act, or conducted a business

Accordingly, the defendant is within the period of restriction on resale.

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