Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

C Apartments supplied to B block in Namyang-si are apartments that can be resold from October 20, 2016, when one year has elapsed since October 20, 2015, which entered into the first supply contract with apartments prohibited from resale of sale rights for one year from the date the initial supply contract is possible.

The status of being selected as an occupant of a house or a housing unit (referring to the right, qualification, status, etc. to live in the housing unit after being selected as an occupant) constructed and supplied by the business entity, and the status of being selected as an occupant of such house shall not be resold or arranged for resale before the period prescribed by Presidential Decree expires.

피고인은 2015. 10. 21.경 경기 남양주시 D에 있는 모델하우스 근처에서 피고인 명의로 당첨된 C 아파트 E호 분양권을 불상의 떴다방 업자를 통하여 매수자인 F에게 400만 원의 프리미엄을 받고, “분양권 전매 기간이 경과하면 반드시 명의 이전을 해야 하고, 명의 이전을 해주지 않을 경우 1억 3,000만 원을 변제한다”라는 취지의 특약을 달아 약속어음을 발행공증해주는 방법으로 입주자로 선정된 지위를 전매하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police in G;

1. Reports on internal investigation (related to the details of specified households for illegal resale);

1. Application of Acts and subordinate statutes to a copy of information on subscription to C apartment, a copy of the authentic deed of promissory note related to C apartment, or a copy of supply contract to 52 households;

1. Relevant legal provisions and Articles 96 subparagraph 3 and 41-2 (1) 2 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016);

1. Articles 70 (1) 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;