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(영문) 울산지방법원 2017.01.16 2016고정1314
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B, C, D, E는 부동산 투기지역에서 중개 수수료를 받고 주택 분양권을 중개 또는 전매를 알선하거나, 당첨 확률이 높은 타인의 주택 청약 통장을 매입하여 분양권을 당첨 받은 후 높은 가격에 이를 전매하여 수익을 얻는 속칭 ‘ 떴다 방 ’으로 활동하는 자이다.

In order to acquire or arrange for the transfer, acquisition, or mediation of a resident savings certificate, etc. to acquire or supply housing constructed and supplied pursuant to the Housing Act, or in spite of being prohibited from obtaining or having a house supplied pursuant to the Housing Act by false or other unlawful means, the Defendant was willing to receive money from E and to have the said resident savings certificate, etc. supplied to E, with the intention of having the said resident savings certificate, etc. supplied by unlawful means.

On November 2015, the Defendant: (a) received KRW 100,000 from Doman G with the introduction of Doman G; and (b) made an application for parcelling-out to the “I” apartment located in Ulsan-gu by using a passbook (CF) in the name of the Defendant; and (c) received it by E in lots.

Accordingly, the Defendant, in collusion with the above E, G, etc., transferred, acquired, or mediated an occupant’s savings certificate, etc. in order to obtain or arrange the supply of housing constructed and supplied pursuant to the Housing Act, or received, or received, a certificate, status, or housing constructed and supplied pursuant to the Housing Act by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Copy of the police statement made to E;

1. Application of Acts and subordinate statutes on two copies of transaction;

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (Amended by Act No. 13687, Dec. 29, 2015); Article 30 of the Criminal Act regarding criminal facts

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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