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(영문) 인천지방법원 2017.02.07 2016고정3628
주택법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. No person who is a defendant A shall transfer or acquire, or arrange for, a certificate of savings or status of an occupant, such as a savings deposit, in order to acquire or have another person acquire, a house constructed and supplied pursuant to the Housing Act;

Nevertheless, from April 2014 to May 2014, the Defendant: (a) transferred all documents necessary to apply for subscription, such as the passbook of the savings account opened in the name of the Defendant, a certified public certificate, a certified copy of resident registration, and a certificate of seal impression, at the mutual infinite coffee shop located in Bupyeong-gu Incheon, Incheon; and (b) transferred the savings account opened in the name of the Defendant and received KRW 4 million in return.

Accordingly, the defendant transferred the certificate and status to be supplied with housing.

2. No one shall transfer or acquire, or arrange for, a certificate of savings or status of an occupant, such as a savings deposit, in order to acquire or have another person acquire, a house constructed and supplied pursuant to the Housing Act;

Nevertheless, at the time and place specified in paragraph 1, the Defendant met C, a business operator of so-called so-called "multi-faced", and transferred all the documents necessary for applying for subscription, such as the passbook of the savings account under the name of the Defendant, a certificate of official approval, a certified copy of resident registration, and a certificate of seal imprint, and received KRW 4 million in return.

Accordingly, the defendant transferred the certificate and status to be supplied with housing.

Summary of Evidence

1. Defendants’ respective legal statements

1. C Application of the statutes governing the third examination of suspect in the police interrogation protocol;

1. The Defendants: Articles 96 Subparag. 1 and 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); the Defendants’ choice of fines for criminal facts; and the choice of each fine.

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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