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(영문) 서울중앙지방법원 2017.06.30 2017고단2442
주택법위반
Text

1. Defendant A shall be punished by a fine of KRW 15 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On May 14, 2015, Defendant N was sentenced to a suspended sentence of two years in the Seoul Northern District Court for six months of imprisonment for fraud, and the judgment became final and conclusive on July 14, 2016.

[Presumption of Facts] The housing constructed and supplied by the project undertaker or the status of being selected as the occupant of the housing (referring to the right, qualification, status, etc. to move into the housing after being selected as the occupant) and the status of being selected as the occupant of the housing shall not resell the housing or status or arrange for resale before the period prescribed by Presidential Decree elapses.

The Gangnam-gu Seoul Metropolitan Government V apartment, a house governed by the apartment sale price, was publicly announced on July 10, 2014; the first order of subscription was received on July 17, 2014; the winner was announced on July 24, 2014; and the apartment supply contract was concluded until July 29, 2014; thus, the apartment supply contract was not concluded until July 29, 2015, when one year has elapsed since the termination date of the apartment supply contract; the apartment unit of Gangnam-gu Seoul Metropolitan Government, which is the house governed by the apartment sale price, was publicly announced on October 1, 2014; the first order of subscription was received on October 7, 2014; the winner of the prize on October 15, 2014; and the resale contract was not concluded until October 20, 2014; and thus, the apartment purchase contract should not be concluded or arranged until the expiration date of the supply contract.

1. Defendant A

A. On October 2014, 2014, the Defendant purchased from Y’s 111-Dong 403, the above W apartment housing, which won in the name of Y, from Y, from Y to Y, and reselled the status of being selected as residents before the expiration of the prescribed period of time after receiving KRW 15 million from AA at the office of real estate located in Seocho-gu Seoul, Seoul.

B. On October 2014, 2014, the Defendant was awarded the winning in the name of AB to the Hab around the W Model House, and through S.

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