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(영문) 광주지방법원 순천지원 2017.09.28 2017고정250
주택법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall transfer or acquire, or arrange for the transfer or acquisition of, a certificate of savings of occupants, etc. in order to have any housing constructed and supplied under this Act supplied or to have others supplied.

Nevertheless, on November 10, 2016, the Defendant received KRW 10 million from 21,00,000,000,000 from 10,000,000,000 from 10,000,000,000,000 from 21,00,000,000,000,000,000

Accordingly, the defendant transferred the savings account certificate to the occupant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a copy of savings passbook;

1. Relevant Article 101 subparagraph 3 of the Act, and Article 65 (1) 2 of the Act, and the selection of fines for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Orders, causes confusion in the sound trade order of the relevant housing market and distortions of the sale of housing units to be distributed to many people in an equitable manner, and thus, has great social harm caused by the instant crime.

In addition, there is a lot of money that the defendant transferred and received the passbook for the comprehensive savings, and there is also a record of violation of the Electronic Financial Transactions Act that can be seen as a crime of the same kind in this case.

Considering these circumstances, even if the defendant's environment, economic difficulties, etc. are considered, the sentence of a fine like the order is inevitable (the amount of fine for the summary order is appropriate).

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