The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who has served in the home office of the convalescent and sold the right to sell the apartment B, which won a special supply of the disabled, to a "D Authorized brokerage office".

The housing unit B of Namyang-gu shall be subject to the 50% or more of the development restriction zone in the Seoul Metropolitan area by cancelling the development restriction zone and the upper limit is applied to the housing unit to be sold in lots, and the status of being selected as the occupant of the housing unit cannot be reselled until the period prescribed by Presidential Decree expires. Therefore, the housing unit B of Namyang-gu shall not resell the right of sale or arrange for resale from June 14, 2016 to June 13, 2017.

The Defendant, even if the winning in the apartment, did not have an economic ability or intent to move to pay the amount equivalent to KRW 400 million even if the winning in the apartment, was won after applying for the special sale of the disabled at the end of May 2016, the Defendant: (a) on June 14, 2016, the Defendant: (b) had F pay the first installment payment to the winning in a temporary brokerage facility, such as a tent in front of the “B apartment model downice” located in E, Namyang-si, Namyang-si, Seoul; and (c) had F pay the first installment payment by purchasing the right to sell the winning in the temporary brokerage facility.

The Defendant entered the model house to pay the first down payment, and completed the sales contract by entering the sales contract, and received 16 million won in return for the transfer to F all documents necessary for change of the name, such as the sales contract and the resale contract for the sales right, etc.

Accordingly, the defendant reselled C's right to sell housing units during the period of restriction on resale.

2. Determination

A. Article 41-2(1) of the former Housing Act (amended by Act No. 13805, Jan. 19, 2016) provides that the period of restriction on resale shall be prescribed by Presidential Decree, and Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) provides that the period of restriction on resale shall be the initial date of the period of restriction on resale.