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(영문) 서울중앙지방법원 2017.12.15 2017고정3290
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

[Criminal Records] On March 24, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of ten months due to a violation of the Act on Financial Business Specializing in Credit at the Seoul Eastern District Court, and the said judgment is the same.

4.1. Finality has been made.

[Criminal facts] No person shall transfer, acquire, or arrange the status of a person who is entitled to supply a house for the purpose of acquiring or obtaining a house, a certificate of savings of occupants, etc.

On February 1, 2015, the Defendant agreed to purchase the occupant savings certificate in the name of C from B to receive or obtain a supply of a house (hereinafter “C”) and transferred the resident savings certificate by paying KRW 30 million to B, and receiving the deposit account and the documents for securing rights under C’s name, and in collaboration with D on April 1, 2015, the Defendant agreed to sell the occupant savings certificate in the name of C to E and F. The Defendant transferred the resident savings certificate by receiving KRW 2734,00,000 from E to G agricultural account in the name of G used by the Defendant and delivering the documents for securing rights to the savings account in the name of C through D.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects by the prosecution against C, F, and D;

1. Statement made by the police with H;

1. Inquiry of transaction details;

1. Previous convictions in judgment: References to inquiries, such as criminal history, written judgments, and application of statutes on personal confinement;

1. Relevant Article 101 subparagraph 3 of the Act, Article 105 (1) 2 of the Act (the acquisition by transfer of an occupant's savings certificate), Article 101 subparagraph 3 of the Housing Act, Article 65 (1) 2 of the Criminal Act, Article 30 of the Criminal Act, the selection of fines for each crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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