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(영문) 서울중앙지방법원 2017.07.18 2017고정1252 (1)
주택법위반
Text

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

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

Reasons

Punishment of the crime

No housing constructed and supplied by a project undertaker or the status of being selected as an occupant of such housing (referring to the right, qualification, status, etc. to move into the housing, which is selected as a occupant of such housing) and the status of being selected as an occupant of such housing shall resell such housing or status or arrange the resale thereof before the period prescribed by Presidential Decree expires.

D apartment housing located in the Gangnam-gu Seoul Metropolitan City “Seoul Complex”, which is a house governed by the apartment sale price, was publicly announced on July 10, 2014, and the order of subscription was received on July 17, 2014, the winner announcement on July 24, 2014, and the apartment supply contract was concluded until July 29, 2014. Therefore, the apartment supply contract should not be resold until July 29, 2015, one year after the termination date of the apartment supply contract.

On July 2014, the Defendant reselled the status of being selected as the occupant before the expiration of the prescribed period, upon receiving the right to sell the above apartment unit No. 205-704, which was won in the name of the Defendant on July 24, 2014, from the model house of the above D apartment unit, and the right to sell the apartment unit No. 205-704, which was won in the name of the Defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of statement;

1. A copy of each internal investigation report, and a copy of each investigation report;

1. Copy of request for investigation following the receipt of a report on illegal resale, copy of notarized documents, such as a process certificate, reporting on police investigation, and application of statutes concerning attached data;

1. Relevant legal provisions and the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) Article 96 Subparag. 2 and Article 41-2 Subparag. 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) regarding criminal facts;

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

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

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