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(영문) 대전지방법원 2016.11.24 2016고단2453
주택법위반
Text

1. The defendant shall be punished by imprisonment for one year;

However, 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

From January 9, 2012, the Defendant was engaged in real estate-related business, such as sales agency business and real estate brokerage business, and the E Licensed Real Estate Agent Office established in the name of the Defendant, a licensed real estate agent, in the name of the Defendant’s wife at Sejong-si C and 103, Sejong-si from around January 9, 2012.

Criminal facts

1. No one shall resell, or arrange for resale, the status of being selected as an occupant of a house subject to the upper limit system for selling prices, which is constructed and supplied by a construction contractor within a period of time prescribed by Presidential Decree (hereinafter referred to as the "period of limitation on resale");

From July 2013 to August 8, 2013, the Defendant: (a) in the place of the office, etc. of the above E Licensed Real Estate Agent; (b) as to the “F apartment (G apartment) No. 409, 2001, sold from LH Corporation while operating the above office, H selected as an occupant of the above apartment sale right to I; and (c) around that time, he acquired approximately KRW 7,50,000 out of the proceeds from the resale of the above sale right for the above apartment sale right as a brokerage fee. However, the above apartment was a house developed by the Multifunctional Administrative City Construction Project under the Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital; and (d) supplied the housing site to be developed by the Multifunctional Administrative City Construction Project under the Enforcement Decree of the Housing Act for one year from the date it is possible to conclude the first housing supply contract (the date of cancellation of the pre-sale restriction).

Accordingly, the Defendant mediated the resale of the status of being selected as the occupant of the housing subject to the upper limit system within the period of restriction on resale from July 2013 to August 2013.

In addition, the Defendant, from May 2012 to November 2015, 33 times in collusion with J, as described in the attached list 1, from around May 2012 to around November 2015.

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