The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) and the evidence of this case, including the statement made by the Defendant and D to the investigation agency, the court below found the Defendant not guilty of the facts charged in the instant case, despite recognizing the fact that the Defendant reselled the status of the occupant as a patrolman on June 2016 during the period of restriction on resale as stated in the facts charged, and

2. According to the evidence duly admitted and examined by the lower court, the Defendant was found guilty of the facts charged in the instant case in the trial.

Therefore, the prosecutor's argument of mistake or misunderstanding of legal principles is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[C] The judgment of the court below is that the upper limit price system is applied to public housing sites created by cancelling a development-restricted zone more than 50% of the relevant district area among the housing sites in the Seoul Metropolitan area. The housing subject to the upper limit system and the status of being selected as the occupant of such housing cannot be reselled before the period prescribed by Presidential Decree expires. Thus, the Defendant cannot resell the sales right or arrange the resale thereof from June 14, 2016 to June 13, 2017. The Defendant applied for the sale of the above apartment after applying for the sale of the apartment after using the apartment site operated by the Financial Settlement Board around the end of May 2016. The Defendant won after applying for the sale of the apartment house under subparagraph C, among the June 2016, at the temporary brokerage facilities of the road in front of the Namyang-si B apartment Model House in cash, and paid the winning to the model house account after receiving the first sale right from D to purchase the sales right, entering the sales contract form, and prepare the sales contract form and the change of the title.