200 Highest 8102(Separation) A. Violation of the Housing Act

B. Violation of the Licensed Real Estate Agents Act

1. A.

2.(a) B

3.(a) C

4.(a) D.

5.(a) E

6.(a)F

(a) G.

8. b. H

9.2.1

10.(a) J

11.(a) K

12.(a) L.

13.(a) M

14.(a)N

15.(a)(b) above;

16.(a)P

17.A. Q.

18.(a) R

19.(a)S

20.(a) T:

21.A. U.S.

22.(a) V

23.(a)W

24.(a) X

25.A. Y

26.A. 2.

27.(a) AA

28.(a) AB

29.(a) AC

30.(a) AD

31.(a) AE

32.(a) AF

33.1.b) AG

34.a. AH

35.(a) AI

36.(a) AJ

37.(a) AK

38.(a) AL

39.1.AM

The highest file (prosecution), Kim Dong-dong (Trial)

Attorney N. (for the defendant A)

Attorney AO (for the defendant B)

Law Firm AP, Attorneys AP Q (Defendant K)

Attorney R AR (Defendant Q Q)

Attorney AS (for the defendant S)

Attorney AT (Defendant V and the National Assembly for AJ)

Attorney AU (for defendant AG)

Attorney AV (for Defendant AH)

April 29, 2021

[Defendant A, B, Q]

Defendant A shall be punished by imprisonment for one year, by imprisonment for eight months, and by imprisonment for four months, respectively.

However, with respect to Defendant B, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

【Megin Defendants】

Defendant C, D, F, G, H, H, J, M, R, T, Y, W, Y, AA, AAC, AD, AE, AE, AH, AI, AJ, and AM are punished by a fine of 2,50,00 won, Defendant E,O, S, U, X, AG, and AL by a fine of 3,00,00,000 won, respectively. Defendant K, L, L, N, AB, AF, and AK by a fine of 5,00,00,000 won.

In the event that the Defendants did not pay the above fines, the Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 100,000 into one day.

The provisional payment of the amount equivalent to each of the above fines shall be ordered.

Criminal facts

【Criminal Records】

Defendant Q was sentenced to the punishment of 8 months of imprisonment and 2 years of suspended execution on April 17, 2020 for violating the Housing Act in the Suwon District Court's Ansan branch on April 17, 2020. The judgment became final and conclusive on November 10, 2020.

【Criminal Facts】

In a case where a project operator resells a house or the status of being selected as an occupant of such house (referring to the right, qualification, etc. to move into such house after being selected as an occupant), which is constructed and supplied by a project operator, or the status of being selected as an occupant of such house, before a period prescribed by Presidential Decree not exceeding ten years expires.

When the defendant A introduced a person with a high score to subscribe for an apartment, he/she received all relevant documents from the winner of the award and sold them to a third party within the period of restriction on resale, and engages in the work of a hub for resale of the right to sell an apartment, which he/she acquired profits therefrom.

1. Resale of the right to sell the Gwangju AW apartment AX;

【Resale of Sales Rights of Defendants A, C, Defendants B, and D】

The Seo-gu Gwangju Metropolitan City AY apartment shall not resell the status of being selected as an occupant for six months from June 7, 2019 to December 6, 2019, which is the date of being selected as an occupant, or arrange for resale of the housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, around May 2019, Defendant A requested Defendant C to introduce a person eligible to be selected as an occupant due to the high addition to the above apartment at a non-permanent site. Meanwhile, Defendant C and Defendant B agreed to transfer the designated status to Defendant D, a seller mediating the right to sell the apartment. Defendant C and Defendant B provided A with the introduction of the AZ to Defendant A, thereby arranging the purchase of the status of the occupant of the above AX around the Seo-gu, Seo-gu, Seoul to sell the status of the occupant of the above AX to Defendant D around June 24, 2019, and thereafter Defendant D reselled the AZ to BB from the non-permanent site around November 2019.

Accordingly, Defendant A, Defendant C, and Defendant B mediated the resale of the sale right, and Defendant D reselled the sale right.

2. Matters concerning the resale of the right to sell apartment BC apartment units in Gwangju metropolitan area;

A. Resale of the sale rights of Defendant A, Defendant E, Defendant F, Defendant G and BE

No Gwangju BC apartment located in Gwangju Metropolitan City North-gu shall resell the status of being selected as an occupant for six months from July 25, 2019 to January 24, 2020, which is a date of designation as an occupant, or arrange the resale thereof, of housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, on July 7, 2019, Defendant A requested the introduction of disabled persons who can subscribe to the special supply of the above apartment complex to Defendant E. Defendant E and Defendant G by introducing BE to Defendant A, which eventually led to the selection of residents, and separately, Defendant A offered the resale of the right to sell the apartment complex to H and I in the vicinity of Seo-gu Seoul Special Metropolitan City around August 7, 2019.

Accordingly, Defendant A, Defendant E, Defendant F, and Defendant G mediated the resale of the sale right, and BE resells the sale right.

B. Violation of the Licensed Real Estate Agent Act by Defendant H and Defendant I

No practicing licensed real estate agent shall engage in direct transactions with the client.

Nevertheless, on August 2019, the Defendants conspired to purchase the right to sell the above BD through F, such as the entry of Paragraph 2-A of the above Article, and then sold the sales right to BD to BG on February 11, 2020 by means of preparing a contract as if BE sells the sales right to BG to BG. The Defendants sold the sales right to BG owned by the Defendants to BG and directly traded with the client.

3. The resale right to sell BH apartment units BI in Gwangju metropolitan area;

A. Resale of the right to sell in lots by Defendant A, Defendant J, Defendant E, Defendant K, Defendant L, Defendant N, Defendant M, and Defendant O

No BH apartment located in the Dong-gu Gwangju Metropolitan City shall resell the status of being selected as an occupant for six months from August 7, 2019 to February 6, 2019, which is the date of being selected as an occupant, or arrange for resale thereof, of the housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, on August 19, 2019, Defendant A requested Defendant E to introduce a person eligible to apply for the above apartment house. Defendant E introduced Defendant J to Defendant A, thereby being selected as an occupant. Separately from this, Defendant A requested Defendant K to seek the buyer at around that time, Defendant K secured the buyer through Defendant L, Defendant N, Defendant M, and DefendantO, and Defendant J sold the right of sale to BL at the north-gu Seoul Special Metropolitan City BK around August 19, 2019.

As a result, Defendant A, Defendant E, Defendant K, Defendant L, Defendant N, Defendant M, and DefendantO mediated resale of the right of sale, and Defendant J reselled the right of sale.

B. Violation of the Licensed Real Estate Agent Act by Defendant O

No practicing licensed real estate agent shall mediate the sale and purchase, exchange, etc. of certificates, etc. related to real estate, the transfer, brokerage, etc. of which is prohibited by related statutes, or engage in the business of such sale and purchase.

Nevertheless, the Defendant had been working as a practicing licensed real estate agent in the Gwangju area from March 3, 2016 to August 19, 2019, but violated the Licensed Real Estate Agent Act by mediating to purchase the right to sell the apartment of Gwangju BH apartment BI, which is limited to the resale within six months, as described in subparagraph 3-A (a) of the above Article, from August 19, 2019.

4. Connection with the resale right to sell BH apartment units BM

A. The resale right of Defendant A, Defendant P, Defendant Q, Defendant R and Defendant S 1)

No BH apartment located in the Dong-gu Gwangju Metropolitan City shall resell the status of being selected as an occupant for six months from August 7, 2019 to February 6, 2019, which is the date of being selected as an occupant, or arrange for resale thereof, of the housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, around August 19, 2019, Defendant A requested Defendant Q to introduce a person eligible to apply for the above apartment house to Defendant Q. Defendant Q introduced Defendant P to Defendant A, thereby being selected as an occupant. Separately, Defendant A asked Defendant R to seek a buyer from Defendant BN and Defendant S around August 19, 2019, Defendant R secured the buyer through Defendant BN and Defendant S sold the right to sell to BO in the vicinity of the North-gu Seoul Metropolitan City, Gwangju.

As a result, Defendant A, Defendant Q, Defendant R, and Defendant S mediated resale of the right of sale, and Defendant P reselled the right of sale.

B. Defendant S’s violation of the Licensed Real Estate Agent Act

No practicing licensed real estate agent shall mediate the sale or purchase, exchange, etc. of certificates, etc. related to real estate, the brokerage, etc. of which are prohibited from transfer or brokerage, etc., or engage in such business.

Nevertheless, on August 19, 2019, the Defendant, even though working as a practicing licensed real estate agent in the Gwangju metropolitan area, was acting as a practicing real estate agent in violation of the open law among the public figures by mediating the purchase of the sale right of Gwangju BH apartment apartment units with restrictions on resale within six months, as described in Article 4-A(A) of the above Act.

5. Resale of the right to sell apartment BP apartment units in Incheon;

A. Resale of the sale rights of Defendant A, Defendant Z, Defendant A, and Defendant AB

The BP apartment located in Incheon Metropolitan City shall not resell the status of being selected as an occupant for six months from April 1, 2020 to September 30, 2020, which is the date of being selected as an occupant, or arrange the resale thereof, of a housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, around January 2020, Defendant A requested Defendant A to introduce a person who may apply for the above apartment house to Defendant A, and Defendant A introduced Defendant A to Defendant A, thereby enabling Defendant A to select an occupant. separately from this, Defendant A requested BS to seek the buyer around that time. Defendant B secured the buyer through Defendant AB, and sold BS to BU in the vicinity of Yeonsu-gu Incheon Metropolitan City BT on April 24, 2020.

Accordingly, the defendant A, the defendant A, and the defendant AB mediated the resale of the right to sell, and the defendant's Z resells the right to sell.

B. Defendant AB’s violation of the Licensed Real Estate Agent Act

No practicing licensed real estate agent shall mediate the sale, purchase, exchange, etc. of certificates, etc. related to real estate, the transfer, brokerage, etc. of which is prohibited by related statutes, or engage in the business of selling or buying such certificates, etc.

Nevertheless, the Defendant, even though working as a practicing licensed real estate agent in the Incheon area, was in violation of the Licensed Real Estate Agent Act by mediating the sale right of Incheon BP apartment Q, which is restricted within six months, as described in subparagraph (a) of Article 5, to purchase the sale right of the Incheon BP apartment Q, at a non-permanent site around April 24, 2020.

6. Relation to the resale of the right to sell Busan BV apartment units BW;

A. Resale of the sale rights of Defendant A, Defendant V, Defendant Q, Defendant W, and Defendant X

The Busan Metropolitan City Shipping Daegu BV apartment shall not resell the status of being selected as an occupant for six months from March 24, 2020 to September 23, 2020, which is the date of being selected as an occupant, or arrange the resale of the housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, around March 6, 2020, Defendant A requested Defendant Q to introduce a person eligible to apply for the above apartment house to Defendant Q. Defendant Q introduced Defendant Q to Defendant A, thereby enabling Defendant V to be selected as an occupant. Separately, Defendant A asked Defendant A to request the buyer to seek the buyer from Defendant B around that time, and Defendant C reselled the right to sell the land to BY near Busan Shipping Daegu BY around April 6, 2020.

Accordingly, Defendant A, Defendant Q. Defendant W, and Defendant X arranged the resale of the sale right, and Defendant V reselled the sale right.

B. Defendant X’s violation of the Licensed Real Estate Agent Act

No practicing licensed real estate agent shall engage in the business of arranging the sale or purchase, exchange, etc. of certificates, etc. related to real estate, the brokerage, etc. of which is prohibited from transfer or brokerage, etc. under related Acts and subordinate statutes.

Nevertheless, the Defendant, even though working as a practicing licensed real estate agent in Busan area on April 6, 2020, through the brokerage of the purchase of the sale right for Busan BV apartment No. 2, which is restricted within six months, as described in the above Section 6-A (B), was in violation of the Licensed Real Estate Agent Act.

7. Resale of the right to sell the Daejeon CA apartment CB housing units.

【Resale of Right of Sale by Defendant A, Defendant T, or Defendant U】

The Seo-gu Daejeon Metropolitan CityCC apartment is not allowed to resell the status of being selected as an occupant or arrange for resale for six months from November 6, 2019 to May 5, 2020, which is the date of designation as an occupant (date of announcement of the prize) and is constructed and supplied in a housing site other than a public housing site.

Nevertheless, on October 19, 2019, Defendant A requested Defendant U to introduce a person who is eligible to apply for the above apartment house to Defendant U.S. The Defendant U introduced Defendant T to Defendant A, thereby enabling Defendant T to be selected as an occupant. separately from this, Defendant A introduced BS to the CD by requesting the buyer to seek the buyer at around that time, and Defendant T resell sold the right to sell to the CD in the vicinity of Daejeon Peong-gu Daejeon (Seoul) on November 19, 2019.

As a result, Defendant A and Defendant U arranged the resale of the right of sale, and Defendant T reselled the right of sale.

8. Resale of the right to sell Daegu CF apartment CG units;

[Defendant A, Defendant AC, Defendant U, Defendant AD]

No Daegu CF apartment located in Daegu Metropolitan City CH may resell the status of being selected as an occupant or arrange for resale thereof for six months from June 10, 2020 to December 9, 2020, which is the date of designation as an occupant, of a housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, on May 24, 2020, Defendant A requested Defendant U to introduce a person who may apply for the above apartment house to Defendant U, and Defendant U shall introduce Defendant AC to Defendant A to be selected as an occupant. Separately, Defendant A requested Defendant A to request Defendant A to seek the buyer from Defendant A around that time, thereby Defendant A introduced it to CI, and Defendant A sold the right to sell in lots to CI in the vicinity of the Daegu-gu CJ on June 24, 2020.

Accordingly, the defendant A, U, and D mediated the resale of the sale right, and the defendant AC reselled the sale right.

9. Resale of the right to sell Incheon CK Apartment Housing CK units;

A. The resale of the right to sell in lots by Defendant B, Defendant AE, Defendant AF, Defendant AG, Defendant AH, and Defendant AI

No CK apartment located in Yeonsu-gu Incheon Metropolitan City shall resell the status of being selected as an occupant for six months from April 11, 2019 to October 10, 2019, which is the date of being selected as an occupant, or arrange the resale thereof, of a housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, Defendant B introduced that Defendant AE can be punished for money if winning a prize upon Defendant AE’s application for an offer at a non-explosive place on the date of 2019, and then selected Defendant AE by using the subscription passbook, etc. of Defendant AE. On the other hand, Defendant AF introduced Defendant AF through Defendant AG, Defendant AH, and Defendant AI to request the buyer from Defendant AF at that time. On April 24, 2019, Defendant AE resell sold the right to sell in lots to CN in the vicinity of Yeonsu-gu Incheon CO.

Accordingly, the defendant B, the defendant AF, the defendant AG, the defendant AH and the defendant Al have mediated the resale of the right to sell, and the defendant AE has sold the right to sell.

B. Violation of the Licensed Real Estate Agent Act by Defendant AG

No practicing licensed real estate agent shall mediate the sale or purchase, exchange, etc. of certificates, etc. related to real estate, the brokerage, etc. of which are prohibited from transfer or brokerage, etc., or engage in such business.

Nevertheless, the Defendant, even though working as a practicing licensed real estate agent in Incheon area on April 24, 2019, was acting as a practicing real estate agent in the area of Incheon but violated the Licensed Real Estate Agent Act by mediating to purchase the right to sell the Incheon CK Apartment Housing CL, which is restricted within six months, as described in subparagraph (a) of Article 9.

10. Resale of the right to sell the Incheon CP apartment C Q head

【Resale of Sales Rights by Defendant B, Defendant AJ, and Defendant AK】

The Yeonsu-gu Incheon Metropolitan City CR apartment complex shall not resell the status of being selected as an occupant for six months from September 18, 2019 to March 17, 2020, which is the date of being selected as an occupant, or arrange for resale of the housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, Defendant B, after September 18, 2019, received a request from Defendant AJ, the winner of the right to sell in lots, and asked Defendant AK to identify the purchaser and to purchase the purchaser at the closed location of the date in which the right to sell in lots was cancelled, and Defendant AK recommended SS to purchase the right to sell in lots at the closed location of the place on October 1, 201.

As a result, Defendant B and Defendant AK arranged the resale of the sale right, and Defendant AJ reselled the sale right.

11. Resale of the right to sell Incheon BP apartment CT;

【Resale of Sales Rights by Defendants A and Y】

The BP apartment located in Incheon Metropolitan City shall not resell the status of being selected as an occupant for six months from April 1, 2020 to September 30, 2020, which is the date of being selected as an occupant, or arrange the resale thereof, of a housing constructed and supplied in a housing site other than a public housing site.

Nevertheless, around April 21, 2020, Defendant Y reselled the supply contract, etc. for the status of tenant of the above apartment building CT in the vicinity of Yeonsu-gu Incheon Metropolitan City BT to the CU, and Defendant A mediated illegal resale so that the buyer can purchase it.

12. Resale of the right to sell Incheon BP apartment CW;

【Good Offices for Resale of Sale Rights by Defendant A】

The BP apartment located in Incheon Metropolitan City shall not resell the status of being selected as an occupant for six months from April 1, 2020 to September 30, 2020, which is the date of being selected as an occupant, or arrange the resale thereof, of a housing constructed and supplied in a housing site other than a public housing site.

On April 20, 2020, the Defendant got out a supply contract, etc. within the period of restriction on resale from the CX selected as the occupant of the above apartment CW housing in the vicinity of Yeonsu-gu Incheon Metropolitan City, and arranged to purchase CZ within the period of restriction on resale through BS and CY.

13. Transfer and acquisition of a certificate of savings of occupants;

No person shall transfer, acquire, or mediate a certificate of occupants' savings in order to acquire, or have others acquire, a house constructed and supplied pursuant to the Housing Act.

A. Defendant AL

On April 10, 2019, the Defendant acquired from DB a deposit account certificate (DD) in the name of DB from DB, and the USB, etc. in which an authorized certificate was stored, and transferred the certificate to A around September 25, 2019.

B. Defendant AM

On November 2019, the Defendant transferred the occupants’ savings certificate (DF bank DG), an authorized certificate, etc. under the name of the Defendant to A through U at the back-up distribution office located in the DaE located in the Jinan-gun, North Korean War.

C. Defendant A

The Defendant respectively acquired the occupants’ savings certificate, etc. from Defendant AL and Defendant AM, as described in the above 13-A, and B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police interrogation protocol on DH, DI, BN, CD, DB, DJ, DK, DK, DL, and DM;

1. Each police statement made to DN, BO, BU, and DO;

1. A sales contract, a related contract, and a supply contract for each right to sell;

1. Documents for securing each right;

1. Each specification of transactions;

1. Registration certificate of each brokerage office:

1. Each investigation report (including the details, etc. of illegal resale);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Article 101 Subparag. 2 and Article 64(1) of the Housing Act; Article 30 of the Criminal Act (the point of mediating the resale of the status of occupants during the period of prohibition of resale); Article 101 Subparag. 3, Article 65(1)2, and Article 56 of the Housing Act; Article 30 of the Criminal Act (the point of acquiring the certificate of each occupants’ savings); Articles 30 (the point of taking over the certificate of each

○ Defendant B: Article 101 Subparag. 2 and Article 64(1) of the Housing Act, Article 30 of the Criminal Act (the point of mediating the resale of the status of occupants during the prohibition period of resale), and each choice of imprisonment

Defendant C, E, F, G, K, L, M, N, U, W, AD, AD, AF, AH, AI, and AK: Article 101 Subparag. 2 and Article 64(1) of the Housing Act; Article 30 of the Criminal Act (the point of arranging the resale status of occupants during the period of prohibition of resale); each fine is imposed.

○ Defendant D, J, P, T, V, Y, Z, AC, AE, and AJ: Article 101 Subparag. 2 and Article 64(1) of the Housing Act; Article 30 of the Criminal Act (the point of resale of the status of tenant during the period of prohibition of resale); selection of each fine

○ Defendant H and I: Article 48 subparag. 3 and Article 33(1)6 of the Licensed Real Estate Agents Act; Article 30 of the Criminal Act (the point of direct transaction with each client) and each fine for negligence

○ Defendant O, S, X, AB, and AG: Article 101 subparag. 2, Article 64(1) of the Housing Act, Article 30 of the Criminal Act (the point of mediating the resale of the status of tenant during the period of prohibition of resale), Article 48 subparag. 3, and Article 33(1)5 of the Licensed Real Estate Agents Act (the point of mediating the sale of certificates, etc. related to the sale, lease, etc. of real estate, the transfer or arrangement of which is prohibited), each of which is subject to a fine

Defendant Q: Article 101 Subparag. 2 and Article 64(1) of the Housing Act, Article 30 of the Criminal Act (the point of mediating the resale of the status of occupants during the period of prohibition of resale), and each choice of imprisonment

○ Defendant AL: Article 101 subparag. 3, Article 65(1)2, and Article 56 of the Housing Act, Article 30 of the Criminal Act (the acquisition and transfer of each certificate of occupants’ savings) and the selection of each fine

○ Defendant AM: Article 101 subparag. 3, Article 65(1)2, and Article 56 of the Housing Act, Article 30 of the Criminal Act (the point of transferring the certificate of occupants’ savings), the selection of fines

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes (Defendant A, B, E,O, Q, S, U, X, AB, AG, and AL);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse (other Defendants than Defendant A, B, and Q);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (Defendant B);

Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act

1. Provisional payment order (excluding the defendants A, B, and Q)

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

[Common]

A type of crime that disturbs speculation and disturbs the order of housing supply is bad. However, the attitude of the Defendants is showing that both the Defendants are against each other. In addition, a punishment shall be determined by taking into account the frequency of crimes committed by the Defendants, the role and profit gained, the records of the same crime and the Defendant’s age, character and conduct, environment, details of the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the record.

[Defendant Q]

A. Article 6-A(A) of the judgment was committed without being aware of the crime of the same kind (the violation of the Housing Act of the first head, etc. at the time of sale). However, the equity should be taken into account when the judgment was rendered at the same time as the violation of the Housing Act.

Judges Cho Hon-ho

1) Although the "Defendant BN" is added to the resale broker, it is apparent in the record that BN is not prosecuted, the "Defendant BN" is deleted and corrected.

2) Although the “Defendant BN” is added to the practicing licensed real estate agent mediating the purchase of the sale right, it is apparent in the record that BN is not prosecuted, so the “Defendant BN” is deleted and corrected.