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Defendants are not guilty.
Reasons
1. A summary of the facts charged is a person who actually runs a stock company B with permission to construct accommodation and neighborhood living facilities with a total floor area of 14,030.7963 square meters on the 22th underground floor above the 14,02th underground floor on July 21, 2014, and around Busan Shipping Daegu E, and around July 21, 2014. Defendant B is a corporation established for the purpose of real estate development execution business and sales agency business.
Defendant
Where a building is to be sold in units A, a person who purchases buildings in units shall open recruitment after reporting the sale to the competent permitting authority and being notified of the acceptance of a sale report.
Nevertheless, on April 16, 2015, the Defendant prepared a written subscription for sale on the condition that he/she will sell the total amount of KRW 129,00,000 among the Busan Shipping Daegu E and 376 G hotel rooms operated by the Defendant, among the 376 units of the above B, KRW 18,000,000, among the 376 units of the above G hotel operated by the Defendant without undergoing the procedures such as the report of sale of the building, etc., and from that time, he/she received three million won in the bank account (I) in the name of the International Asset Trust Co., Ltd.
5.8. Between them, the building was sold in lots by preparing a written subscription for sale with the above G hotel 39 rooms, and receiving three million won each subscription amount.
B. Defendant B, at the same time, and at the same place as the above paragraph (1), sold the building without following the procedure, such as reporting the sale of the building, by a representative of the Defendant.
2. The phrase “an act of selling a building without filing a sale report or by false or other unlawful means” subject to punishment under Articles 10(1) and 5(1) of the Act on Sale of Building Units, means a case in which one of the parties agrees to transfer the property right to the other party through a series of sale processes stipulated in the above Act.