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(영문) 전주지방법원 2013.09.06 2013노431
주택법위반등
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C1) misunderstanding of facts by Defendant A (tentatively named) G Housing Association (hereinafter “instant Housing Association”)

Defendant C (hereinafter referred to as “C”) has not been offered to receive money and valuables other than the housing value while arranging the subscription.

(1) As the actual representative of the Promotion Committee and the “PM services contract” (hereinafter “instant services contract”)

(2) Although Article 97 Subparag. 6 of the Housing Act applies only to cases where a person who is not a member of the housing association was established under Article 32 of the Housing Act and arranges joining the housing association and receives money and valuables other than the housing price, the court below found the person guilty of receiving money and valuables before the establishment of the housing association. The court below erred in the misapprehension of legal principles as to “a person who is not a member of the housing association” of the housing association.

B. Defendant B (1) The lower court found Defendant B guilty of the receipt of money and valuables prior to the establishment of the housing association, despite that Article 97 Subparag. 6 of the Housing Act applies only to the case where a person who is not a member of the housing association was established pursuant to Article 32 of the Housing Act and, after the establishment of the housing association, mediates the subscription of the housing association, or receives money and valuables other than the housing price. However, the lower court erred by misapprehending the legal doctrine on “a person who is not a member of the housing association established” under the said provision.

C. In light of all the sentencing conditions against the prosecutor (defendant A).

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