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(영문) 서울북부지방법원 2013.04.10 2013고정69
주택법위반
Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

1. Around September 2009, Defendant A entered into a supply contract with the Hanyang Construction Co., Ltd., a business entity, with respect to D apartment model (D apartment 106 dong 1103) in Namyang-si, Yangyang-si, and around that time, Defendant A was selected as the occupant of a house subject to the upper price ceiling system constructed and supplied by the housing construction business entity.

피고인은, 위 아파트 분양권의 전매제한기간 1년이 경과하지 아니하였음에도 불구하고, 같은 달 말경 위 모델하우스 앞의 이른바 ‘떴다방’ 천막에서 알선책 E로부터 2,500만 원을 받는 대가로 분양계약서 등 권리확보서류 일체를 그에게 넘겨주어 위 아파트의 분양권을 F에게 매도하였다.

2. Around September 2009, Defendant B entered into a supply contract with Hyundai Industrial Development Co., Ltd., a business entity with respect to G apartment 105 Dong 1301, G apartment model in Namyang-si, Namyang-si, and around that time, Defendant B was selected as residents of housing subject to the upper limit system for construction and supply by the housing construction business entity.

Around October 2009, the Defendant, despite the lapse of one year from the resale restriction period of the above apartment sale right, sold the right to sell the above apartment unit to the party who was named in his name by transferring all the documents for securing the right, such as the sales contract, to the purchaser of the above apartment unit in return for receiving five million won from H's office H in the above model house located near the above model house.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning E and F;

1. Application of the Act and subordinate statutes one copy of the account statement of the national bank bank account in the amount of KRW 4.6 million (in case of investigation records 5.65 pages)

1. Article 96 subparagraph 2 of the Housing Act and Article 41-2 (1) 2 of the same Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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