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(영문) 의정부지방법원 2020.08.20 2020고정1089
주택법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No housing constructed and supplied by a project undertaker or the status of being selected as an occupant of a housing (referring to the right, qualification, status, etc. to live in a housing which is selected as an occupant) and the status of being selected as an occupant of the housing shall be resold or arranged for resale before the period prescribed by Presidential Decree expires.

A apartment supplied to B in Yangyang-si, which is a house subject to the upper price ceiling system, shall not resell the sales right for one year from December 8, 2015 to December 7, 2016, where it is possible to enter into an initial apartment supply contract.

On March 2, 2016, the Defendant: (a) prepared a promissory note to the effect that “the purchaser of the C apartment F housing unit purchase right, which was won in the name of the Defendant, shall be sold to G, a purchaser of the C apartment F unit purchase right, at the E-real estate office located in Nam-si, Namyang-si; and (b) sold the status of being selected as the occupant before the expiration of the period specified in a notarized method, upon the lapse of the period specified for the resale right.”

Accordingly, the defendant resells the status of being selected as the occupant of the housing subject to the upper price ceiling system within the limitation period.

Summary of Evidence

1. Defendant's legal statement;

1. Subscription information for A;

1. A copy of the deed No. 266, 2016;

1. A report on internal investigation (specific developments for each illegal household);

1. Report on internal investigation (verification of the information about the sale of apartment units) and public announcement of the invitation of occupants of C apartment houses;

1. The application of Acts and subordinate statutes to the internal investigation report (Comparison of the current status of supply contracts for the relevant household and the current status of issuance of promissory notes), C apartment supply contracts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

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