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(영문) 대구지방법원 2017.10.12 2017고정1485
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall acquire or have others acquire a supply of any deed, status or housing constructed or supplied pursuant to the Housing Act by fraudulent or other unlawful means.

Nevertheless, on June 2016, at the office of the above incorporated association "C", the defendant borrowed the name from D, the chairperson of the above central association, to transfer documents necessary for the application for the purchase of apartment units, such as the source of confirmation of national merit, to the above D, and applied for a special supply of national meritorious persons, and to pay a honorarium if he resells the new apartment unit with the right to purchase the apartment unit, and even if he did not have the intention or ability to purchase the new apartment unit, he/she was issued the documents necessary for the application for the sale of the apartment unit, such as the certificate of national merit, and delivered it to the above D.

The above D shall again deliver the above documents to E and F, and the above E and F shall receive the winning of the above apartment 105 Dong 202 under the name of the defendant around June 23, 2016, as if the defendant applied for the parcelling-out as the actual user of the above apartment in the "G apartment" model in the above "G apartment" model around June 15, 2016, as the defendant applied for the special parcelling-out as the actual user of the above apartment in the name of the defendant.

Accordingly, in collusion with the above E, F, and D, the Defendant received the apartment sale right, which is a position to be specially supplied under the Housing Act, by unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of each police suspect with respect to D, E, F, and H;

1. Details of special winners of prizes, application of Acts and subordinate statutes to apply to applications for special provision of national meritorious services;

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Article 30 of the Criminal Act (elective Selection) regarding criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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