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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court acquitted the Defendant on the ground that, by mistake of facts or misapprehension of legal principles, the act of taking over the receipt of an application for supply of a house is identical to the act of taking over the house savings certificate under Article 39(1)3 of the former Housing Act (Act No. 12959, hereinafter “former Housing Act”), and is prohibited under Article 39(1) of the same Act, but does not constitute the deed or status listed in each subparagraph of Article 39(1) of the same Act.
B. The lower court’s sentence of unreasonable sentencing (three million won of a fine) is too unhued and unreasonable.
2. Determination
(a) "The former part of Article 39 (1) of the former Housing Act" in the former part of Article 39 (1) of the former Housing Act means activities conducted through the transfer or acquisition (including sale, donation and all other acts accompanying the change of rights, but excluding the case of inheritance or mortgage; hereafter the same shall apply in this Article) of any of the following deeds or positions, or through various publications, printed materials, telephone, Internet or other media for the purpose of arranging the transfer, acquisition, or mediation thereof, in order to acquire, or to have another person acquire, a house constructed and supplied pursuant to this Act:
The latter part of the same paragraph provides that "no person shall be supplied with or cause to be supplied with a deed, status, or housing constructed and supplied pursuant to this Act by fraud or other improper means."
However, the act under the former part of Article 39(1) of the former Housing Act, especially the deed or status of each subparagraph subject to the act, must be strictly interpreted in accordance with the principle of no punishment without the law, and thus, the act under the former part of Article 39(1) of the former Housing Act is a common act that is prohibited as a disturbance of housing supply order along with the act under the latter part of the same Article.