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(영문) 대전지방법원 2013.03.14 2013고정345
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall resell (including sale, donation or all other acts accompanying changes in rights, but excluding inheritance) a house constructed and supplied by a project undertaker or the status of being selected as an occupant of such house (the right, qualifications, status, etc. to move into the house, which is selected as an occupant and entitled to move into the house) and for a period prescribed by Presidential Decree (in cases of a Sejong, one year from the date on which the contract can be concluded, which is subject to the maximum system of sale price) or arrange the resale thereof before the period

Nevertheless, on November 30, 201, the Defendant was selected as an occupant on No. 311 Dong 304, a Sejong apartment house B, which is sold by the Korea Land and Housing Corporation on November 30, 201, and then reselled the status of being selected as an occupant of the said apartment by obtaining KRW 10 million from E and F for a premium in the office of D Real Estate located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for a period of restriction on resale (one year from December 8, 2010, which is the date the first contract can be concluded) around February 2011, and then delivered the original contract and the documents for securing rights to purchase the said apartment, thereby having G purchase the right to purchase the said apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. A copy of the contract for parcelling-out to a buyer;

1. Application of Acts and subordinate statutes to a copy of a contract for succession to rights and obligations (No. 311, 304, Dong);

1. Relevant Article 96 of the Housing Act, Articles 96 subparagraph 2 and 41-2 (1) of the Housing Act, the selection of fines concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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