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(영문) 제주지방법원 2016.05.18 2016고단319
주택법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B Co., Ltd. in Jeju City, and Defendant B Co., Ltd. is a corporation established for the purpose of housing construction project, etc., which is a project undertaker for construction of “F” apartment house in Jeju, E and one parcel.

1. Where a project undertaker of a defendant A housing construction intends to recruit occupants, he/she shall obtain approval from the competent authority for the recruitment of occupants;

Nevertheless, around June 16, 2014, the Defendant, without obtaining approval from the competent authority, sold the above apartment units to 84 households without permission, as shown in the list of crimes, from around the above day to June 2015, by entering into a contract for sale in lots with G with regard to 203 apartment units.

2. Defendant B, a representative director of the Defendant, committed a violation in relation to the Defendant’s business as described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation of the Jeju market, the statement of H, the response to a request for factual verification, the response to a request for submission of the current status of invitation of occupants in advance, and the police statement of H;

1. A housing construction business operator registration certificate, a construction business registration certificate, a certificate for all registered matters, approval for a housing construction project plan, and approval for modification;

1. Results of inquiry about the completion of the report on the commencement of construction works, certificates of all registered matters, overall table of the performance of construction works, and the details of entry and withdrawal transactions;

1. A apartment supply contract, a full certificate of the matters registered I, a full statement of the transaction of the agricultural cooperative bank account, and a written statement;

1. Statement made by the police to J;

1. Data related to the calculation of the amount of powder and sales contract;

1. Investigation report (Temporary Confirmation of Contract for Sale to K L counterpart) (Application of statutes;

1. Relevant Article of the Act on Criminal Facts and subparagraph A of the option of punishment: The former Housing Act (amended by Act No. 13379, Jun. 22, 2015);

(B) Defendant B, who is not a party to a contract, shall be punished by imprisonment with labor under Article 97 subparag. 9 and Article 38 subparag. 1 of the former Housing Act; hereinafter the same shall apply)

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